week 1 report...subcommittee on transportation, tourism, and economic development; appropriations...

WEEK 1 REPORT// 2019 LEGISLATIVE SESSION

+ MARINE INDUSTRIES ASSOCIATION OF FLORIDAMARCH 4 - 8, 2019

CONTENTS

SB 1666 Anchoring and Mooring of Vessels Outside of Public Mooring Fields

SB 1792 // HB 1237Towing and Immobilizing of Vehicles and Vessels

SB 1530 // HB 1319Vessels

SB 676 // HB 475Certificates of Titles for Vessels

SB 436 // HB 529Vessel Registration Fees

It is hard to believe that we are already one week into the 2019 Legislative Session. After the usual opening day festivities, the Legislature got back to business, and committees continued to hear proposed bills and the Senate passed bills on the floor at the end of the week. With eight weeks left, the pressure will start to build and time will become precious for all proposed legislation and budget requests.

Marine Industries Association will have a very busy year. Numerous bills have been filed regarding vessels. Everything from anchoring to towing to water quality. Marine Industries Association of Florida also closely monitors all budget items related to boating in the Florida Fish and Wildlife Conservation Commission and Department of Environmental Protection budgets.

Thank you for the opportunity to represent MIAF in Tallahassee. As we enter week two, we have a lot of work to do. Below are just a few of the bills we are tracking for you this Session.

HB 529 by Mariano and SB 436 by Hooper - Use of Vessel Registration Fees. The bills are progressing through the process. HB 529 has passed the House Transportation and Infrastructure Subcommittee back in February 11-0. The bill is currently scheduled to be heard on March 12th at 8:30 am. This will be the second of third committee references. Senate Bill 436 passed the Senate Community Affairs agenda on March 3rd. The bill passed 5-0. The bill has two more committee references.

HB 475 by Williamson and SB 676 by Hooper - Certificates of Title for Vessels. HB 475 was heard in its first committee of refence this week and passed as a committee substitute 13-0. The bill has two more committee stops, House Transportation and Tourism Appropriations Subcommittee and State Affairs. The Senate Bill is referred to Senate Infrastructure and Security, Senate Appropriations Subcommittee on Transportation, Tourism, and Economic Development and Senate Appropriations.

HB 1319 by Diamond and SB 1530 by Rouson - Vessels. Yes, these are anchoring bills. Rumor has it these are coming from the city of St. Petersburg. We are currently in the process of trying to gather more information and have agree to discuss with their lobbyists. We will keep you posted. HB 1319 has been referred to House Agriculture and Natural Resources Subcommittee, House Agriculture and Natural Resources Appropriations Subcommittee, House State Affairs Committee. SB 1530 also has three references. The committees are

2019 LEGISLATIVE SESSION

// WEEK 1 REPORT

HB 1221Anchored Vessels

SB 446 // HB 325Coastal Management

SB 1758 // HB 1395Water Quality Improvements

SB 1502Department of Environmental Protection

// 3

Senate Environment and Natural Resources, Senate Criminal Justice and Senate Rules.

HB 1237 by McCLain and SB 1792 by Gruters - Towing and Immobilizing of Vehicles and Vessels. Both bills have three committees of reference. House Bill 1237 was referred to House Local, Federal and Veterans Affairs Subcommittee, House Business and Professions Subcommittee and State Affairs Committee. Senate Bill 1792 was referred to Community Affairs, Infrastructure and Security and Rules. We will keep you posted on these bills as the Legislative Session progresses.

HB 1221 by Polsky and SB 1666 by Flores - Anchoring and Mooring of Vessels Outside of Public Mooring Fields. Apparently even those these bills are linked in the computer system, they are considered companion bills. The bills are very different and we will continue to research them as filed. Again, rumor in the halls is the bills originated for FWCC. We have not confirmed this information and have not been approached to review or comment on this by FWC law enforcement. We will keep you posted again this is extremely disappointing that stakeholders were not at the table. House Bill 1221 was referred to House Agriculture and Natural Resources Subcommittee, House Agriculture and natural Resources Appropriations Subcommittee and House State Affairs. Senate Bill 1666 was referred to Senate Environmental and Natural Resources, Senate Community Affairs and Senate Rules.

HB 1395 by Raschein and SB 1758 by Mayfield - Water Quality Improvements. These bills are identical and are sponsored by the Senate Appropriations Subcommittee on Agriculture, Environment and General Government Chairwoman and by the House Agriculture and Natural Resources Appropriations Subcommittee Chairwoman. Both bills have been referenced in the last week. HB 1395 is referenced to House Agriculture and Natural Resources Subcommittee, House Appropriations Committee and House State Affairs Committee. Senate Bill 1758 has been referred to Senate Environment and Natural Resources, Senate Appropriations Subcommittee on Agriculture, Environment and General Government and Senate Appropriations.

SB 1502 by Bradley - Department of Environmental Protection. This bill simply tranfers some positions form FWC to DEP for law enforcement. This bill is a priority. As of the writing of this report there is not a linked companion to this bill but we anticipate on to be filed shortly. The Senate bill is referred to Senate Environment and Natural Resources, Senate Appropriations Subcommittee on Agriculture, Environment and General Government and Senate Appropriations.

For more information on these bills and others, please review the attachments.

As always, thank you for the opportunity to represent you in Tallahassee!

Margaret “Missy” TimminsPresidentTimmins Consulting, LLC

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// ISSUES

// USE OF VESSEL REGISTRATION FEES

Senate Bill 436 // Sen. Ed Hooper // Referred to: Community Affairs; Environment and Natural Resources; Rules

House Bill 529 // Rep. Amber Mariano // Referred to: Transportation & Infrastructure Subcommittee; Local, Federal & Veterans Affairs Subcommittee; State Affairs Committee

HOUSE/SENATE BILL RELATIONSHIP: IDENTICAL

Senate Bill 436: Currently, any county may impose an annual registration fee on vessels registered, operated, used, or stored on waters within its jurisdiction. This fee is 50 percent of the applicable state registration fee and must be used for patrol, regulation, and maintenance of the lakes, rivers, and waters and for other boating-related activities within the county.

The bill expands the authorized uses of the county vessel registration fees to include channel and other navigational dredging, the construction, expansion, or maintenance of public boat ramps and other public water access facilities, and associated engineering and permitting costs.

Most Recent Action: Favorable by Community Affairs; 5 Yeas, 0 Nays

House Bill 529: Florida law authorizes counties to assess an optional vessel registration fee of 50 percent of the applicable state vessel registration fee. The first $1 of every optional registration fee is deposited into the Save the Manatee Trust Fund for purposes specified by law. All other moneys received from such fee must be expended for the patrol, regulation, and maintenance of the lakes, rivers, and waters and for other boating-related activities.

The bill specifies that the optional county and municipal vessel registration fee may be used for dredging, constructing, expanding or maintaining public boat ramps and other public water access facilities, including associated engineering and permitting fees.

Most Recent Action: On Committee agenda - Local, Federal & Veterans Affairs Subcommittee, 03/12/19, 8:30 am

Attached documents: SB 436 (as filed) + staff analysis; HB 529 (as filed) + staff analysis

// CERTIFICATES OF TITLES FOR VESSELS

Senate Bill 676 // Sen. Ed Hooper // Referred to: Infrastructure and Security; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations

// 5

// ISSUES

House Bill 475 // Rep. Jayer Williamson // Referred to: Transportation & Infrastructure Subcommittee; Transportation & Tourism Appropriations Subcommittee; State Affairs Committee

HOUSE/SENATE BILL RELATIONSHIP: SIMILAR

Senate Bill 676: Designating the “Uniform Certificate of Title for Vessels Act”; revising requirements for application for, and information to be included in, a certificate of title for a vessel; requiring the Department of Highway Safety and Motor Vehicles to retain certain information relating to ownership and titling of vessels; providing duties of the department relating to creation, issuance, refusal to issue, or cancellation of a certificate of title; providing for the rights of a purchaser of a vessel who is not a secured party; providing rules for the transfer of ownership in a vessel, etc.

Most Recent Action: Referred to Infrastructure and Security; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations

House Bill 475: The bill incorporates the Uniform Certificate of Title for Vessels Act into Florida’s existing vessel titling law. In doing this, the bill includes numerous changes to the title application requirements, information that must be included on the certificate of title, and the Department of Highway Safety and Motor Vehicle’s (DHSMV) maintenance and public access to vessel title files. In general, the bill:

• Cites the short title as the, “Uniform Certificate of Title for Vessels Act.”

• Creates a number of new definitions for purposes of vessel titling.

• Requires an application for a certificate of title to contain a detailed description of the vessel.

• Provides that state law governs all issues relating to the certificate of title for vessels.

• Requires a vessel owner to deliver an application and fee for certificate of title for the vessel, no later than 30 days from the date of ownership or the date Florida becomes the state of principal use.

• Provides new requirements for the contents of a certificate of title.

• Provides certain responsibilities applicable to an owner and insurer of a hull-damaged vessel.

• Requires DHSMV to maintain the information contained in all certificates of title and the information submitted with the application.

• Specifies that possession of a certificate of title does not by itself provide a right to obtain possession of a vessel.

• Provides DHSMV with certain duties relating to creation, issuance, refusal to issue, or cancellation of a certificate of title.

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// ISSUES

• Specifies that a certificate of title is effective even if it contains scriveners errors or does not contain certain required information that DHSMV determines to be inconsequential to the issuing of a certificate of title.

• Provides additional requirements for obtaining a duplicate certificate of title.

• Provides requirements for the determination and perfection of a security interest in a vessel.

• Provides requirements for the delivery of a statement of the termination of a security interest.

• Provides requirements for the transfer of ownership in a vessel.

Most Recent Action: Favorable with CS by Transportation & Infrastructure Subcommittee; 13 Yeas, 0 Nays

Attached documents: SB 676 (as filed); HB 475 (as filed) + staff analysis

// VESSELS

Senate Bill 1530 // Sen. Darryl Rouson // Referred to: Environment and Natural Resources; Criminal Justice; Rules

House Bill 1319 // Rep. Ben Diamond // Referred to: Agriculture & Natural Resources Subcommittee; Agriculture & Natural Resources Appropriations Subcommittee; State Affairs Committee


Senate Bill 1530: Requiring vessel operators to reduce speed in specified hazardous situations; revising criteria for determining that a vessel is at risk of becoming derelict; providing criminal penalties for failure to present a certificate of title showing proper transfer of vessel ownership; revising civil penalties relating to certain at-risk vessels and prohibited anchoring or mooring, etc.

Most Recent Action: Referred to Environment and Natural Resources; Criminal Justice; Rules

House Bill 1319: Requires vessel operators to reduce speed in specified hazardous situations; revises criteria for at-risk vessel determinations; requires that such vessels be moved after certain notice; provides penalties for failure to present certificate of title showing proper transfer of vessel ownership; revises civil penalties relating to certain at-risk vessels & prohibited anchoring or mooring; provides civil penalties for vessels creating special hazards.

// 7

// ISSUES

Most Recent Action: Referred to Agriculture & Natural Resources Subcommittee; Agriculture & Natural Resources Appropriations Subcommittee; State Affairs Committee

Attached documents: SB 1530 (as filed); HB 1319 (as filed)

// TOWING AND IMMOBILIZING OF VEHICLES AND VESSELS

Senate Bill 1792 // Sen. Joe Gruters // Referred to: Community Affairs; Infrastructure and Security; Rules

House Bill 1237 // Rep. Stan McClain // Referred to: Local, Federal & Veterans Affairs Subcommittee; Business & Professions Subcommittee; State Affairs Committee


Senate Bill 1792: Specifying that local governments may enact rates to tow or immobilize vessels on private property and to remove and store vessels under specified circumstances; prohibiting counties and municipalities, respectively, from enacting certain ordinances or rules that impose fees or charges on authorized wrecker operators, towing businesses, or vehicle immobilization services; authorizing certain persons to place liens on vehicles or vessels to recover specified fees or charges; authorizing vehicle immobilization devices to be used on trespassing motor vehicles, etc.

Most Recent Action: Referred to Community Affairs; Infrastructure and Security; Rules

House Bill 1237: Authorizes local governments to enact rates to tow or immobilize vessels on private property & to remove & store vessels; prohibits local governments from enacting ordinances that impose charges on authorized wrecker operators or towing businesses; prohibits local governments from imposing charges on specified entities; authorizes certain persons to place liens on vehicles or vessels; requires persons who immobilize vehicles to be licensed; provides procedures for licensing; specifying prohibited activities and insurance coverages.

Most Recent Action: Referred to Local, Federal & Veterans Affairs Subcommittee; Business & Professions Subcommittee; State Affairs Committee


// 8

// ISSUES

// ANCHORING AND MOORING OF VESSELS OUTSIDE OF PUBLIC MOORING FIELDS

Senate Bill 1666 // Sen. Anitere Flores // Referred to: Environment and Natural Resources; Community Affairs; Rules

HOUSE/SENATE BILL RELATIONSHIP: N/A

Senate Bill 1666: Defining the terms “store” and “stored”; prohibiting the owner, operator, or person in charge of a vessel from anchoring or mooring outside of public mooring fields for longer than a specified period of time; requiring the relocation or removal from the water of vessels anchored or moored in violation of the prohibition; providing that such a violation is noncriminal and is punishable by a fine, etc.

Most Recent Action: Referred to Environment and Natural Resources; Community Affairs; Rules

Attached documents: SB 1666 (as filed)

// ANCHORED VESSELS

House Bill 1221 // Rep. Tina Polsky // Referred to: Agriculture & Natural Resources Subcommittee; Agriculture & Natural Resources Appropriations Subcommittee; State Affairs Committee


House Bill 1221: Directs FWCC to conduct study of impacts of long-term stored vessels on local communities & state & to submit report to Governor & Legislature; revises distribution of vessel registration fees to provide grants for derelict vessel removal; authorizes commission to use certain funds to remove, or pay private contractors to remove, derelict vessels; prohibits residing or dwelling on certain derelict vessels until certain conditions are met..

Most Recent Action: Referred to Agriculture & Natural Resources Subcommittee; Agriculture & Natural Resources Appropriations Subcommittee; State Affairs Committee

Attached documents: HB 1221 (as filed)

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// ISSUES

// COASTAL MANAGEMENT

Senate Bill 446 // Sen. Debbie Mayfield // Referred to: Environment and Natural Resources; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations

House Bill 325 // Rep. Chip LaMarca // Referred to Agriculture & Natural Resources Subcommittee; Agriculture & Natural Resources Appropriations Subcommittee; State Affairs Committee


Senate Bill 446:SB 446 revises the criteria the Department of Environmental Protection uses to determine annual funding priorities for beach erosion control projects and inlet management projects. The bill also revises related requirements for the Department of Environmental Protection regarding reporting and oversight, and the use of surplus funds for beach erosion control projects or inlet management projects. The bill revises requirements regarding funding and reporting on inlet management projects.

The bill revises the requirements for the Department of Environmental Protection to develop and submit the components of the comprehensive long-term management plan for the restoration and maintenance of Florida’s critically eroded beaches.

Most Recent Action: Favorable by Environment and Natural Resources; 5 Yeas, 0 Nays; On Committee agenda - Appropriations Subcommittee on Agriculture, Environment and General Government, 03/13/19, 1:30 pm

House Bill 325: Due to storm events, construction and maintenance of inlets, imprudent coastal developments, and other factors, 420.9 miles of Florida’s beaches are critically eroded. The Beach Management Funding Assistance Program (program) within the Department of Environmental Protection (DEP) works with local sponsors to protect and restore the state’s beaches through a comprehensive beach management planning program. Local sponsors submit annual funding requests to DEP for beach management and inlet management projects. DEP ranks the requests and provides a funding recommendation to the Legislature.

As it relates to beach management projects, the bill revises and provides more detail on the criteria DEP must consider when ranking beach management projects for funding consideration and requires DEP to adopt rules that divide the criteria into a four tier scoring system. DEP must assign each tier a certain percentage of overall point value, and DEP must weigh the criteria equally within each tier. The bill changes how DEP may utilize surplus funds and the procedures that must be followed.

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// ISSUES

For inlet management projects, the bill:

• Revises and updates the criteria that DEP must consider when ranking inlet management projects for funding consideration, and requires DEP to weigh each criterion equally;

• Authorizes DEP to pay up to 75 percent of the construction costs of an initial major inlet management project component, and allows DEP to share the costs of the other components of inlet management projects equally with the local sponsor;

• Requires DEP to rank the inlet monitoring activities for inlet management projects as one overall subcategory request for funding separate from the beach management project funding requests; and

• Eliminates the requirement for the Legislature to designate one of the three highest ranked inlet management projects on the priority list as the Inlet of the Year.

The bill updates how DEP must develop and maintain a Comprehensive Long-Term Beach Management Plan that requires DEP to include the following, at a minimum: a strategic beach management plan, a critically eroded beaches report, and a statewide long-range budget plan that includes a three-year work plan that identifies beach nourishment and inlet management projects viable for implementation during the ensuing fiscal years.

Most Recent Action: Favorable by Agriculture & Natural Resources Appropriations Subcommittee; 8 Yeas, 0 Nays

Attached documents: SB 446 (as filed); HB 325 (as filed) + staff analysis

// WATER QUALITY IMPROVEMENTS

Senate Bill 1758 // Sen. Debbie Mayfield // Referred to: Environment and Natural Resources; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations

House Bill 1395 // Rep. Holly Raschein // Referred to: Agriculture & Natural Resources Subcommittee; Appropriations Committee; State Affairs Committee


Senate Bill 1758: Citing this act as the “Clean Waterways Act”; transferring the onsite sewage program of the Department of Health to the Department of Environmental Protection by a type two transfer; establishing a wastewater grant program within the Department of Environmental Protection; revising requirements for a basin management action plan; requiring a wastewater treatment plant to notify customers of unlawful discharges of raw or partially treated sewage into any waterway or aquifer within a specified timeframe, etc.

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// ISSUES

Most Recent Action: Referred to Environment and Natural Resources; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations

House Bill 1395: Transfers onsite sewage program of DOH to DEP by type two transfer; prohibits local government from approving certain building permits; requires DEP to develop agricultural remediation plan as part of each basin management action plan; establishes wastewater grant program within DEP; revises requirements for basin management action plan; requires estimated nutrient load reductions in such plans to exceed specified amount; requires each local government to develop wastewater treatment plan that meets certain requirements; requires local government to create onsite sewage treatment & disposal system remediation plan as part of basin management action plan; prohibits facilities for sanitary sewage disposal from disposing of any waste in Indian River Lagoon without first providing advanced waste treatment.

Most Recent Action: Referred to Agriculture & Natural Resources Subcommittee; Appropriations Committee; State Affairs Committee


// DEPARTMENT OF ENVIRONMENTAL PROTECTION

Senate Bill 1502 // Sen. Rob Bradley // Referred to: Environment and Natural Resources; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations


Senate Bill 1502: Transferring and reassigning functions and responsibilities of the Division of Law Enforcement relating to investigators of environmental crimes within the Fish and Wildlife Conservation Commission to the Division of Law Enforcement of the Department of Environmental Protection; providing requirements for a memorandum of agreement between the department and the commission regarding the responsibilities of the department and the commission; establishing the Division of Law Enforcement within the department, etc.

Most Recent Action: Referred to Environment and Natural Resources; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations

Attached documents: SB 1502 (as filed)

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// ISSUES

// BOATING-RELATED APPROPRIATIONS

Boating Appropriations Highlights

2019-2020 Governor’s Proposed Budget

1755 SPECIAL CATEGORIES

FLORIDA RESILIENT COASTLINE INITIATIVE

FROM GENERAL REVENUE FUND . . . . . 6,000,000

The funds in Specific Appropriation 1755 are provided for the purpose of assisting local governments with sea level rise planning and coastal resilience projects. Funds may also be used for storm resiliency, including the placement of sand to mitigate erosion and ensure public safety, or for the protection of coral reef health, including restoration and monitoring.

1766 GRANTS AND AIDS TO LOCAL GOVERNMENTS AND

NONSTATE ENTITIES - FIXED CAPITAL OUTLAY CLEAN MARINA

FROM FEDERAL GRANTS TRUST FUND . . . 1,960,000

FROM GRANTS AND DONATIONS TRUST FUND . . . . . . . . . . . . . . . 200,000


BOATING AND WATERWAYS ACTIVITIES

FROM MARINE RESOURCES CONSERVATION TRUST FUND . . . . . . . . . . . . 1,626,025


BOATING SAFETY EDUCATION PROGRAM

FROM MARINE RESOURCES CONSERVATION TRUST FUND . . . . . . . . . . . . 625,650

1830 FIXED CAPITAL OUTLAY

BOATING INFRASTRUCTURE



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// ISSUES

NONSTATE ENTITIES - FIXED CAPITAL OUTLAY

DERELICT VESSEL REMOVAL PROGRAM




FLORIDA BOATING IMPROVEMENT PROGRAM

FROM MARINE RESOURCES CONSERVATION TRUST FUND . . . . . . . . . . . . 592,600 FROM STATE GAME TRUST FUND . . . . . 1,250,000



ARTIFICIAL FISHING REEF CONSTRUCTION PROGRAM

FROM GENERAL REVENUE FUND . . . . . 300,000

FROM FEDERAL GRANTS TRUST FUND . . . 300,000

Comparison to 2018-19 Appropriations

House Budget-HB 5001-Final

Enrolled

1694 SPECIAL CATEGORIES FLORIDA RESILIENT COASTLINE INITIATIVE


From the funds provided in Specific Appropriation 1694, $2,600,000 in recurring and $1,000,000 in nonrecurring funds from the General Revenue Fund are provided for the Florida Resilient Coastline Initiative to assist local governments with storm resiliency, sea level rise planning, coastal resilience projects, and coral reef health.

1703 GRANTS AND AIDS TO LOCAL GOVERNMENTS AND NONSTATE ENTITIES - FIXED CAPITAL OUTLAY CLEAN MARINA


FROM GRANTS AND DONATIONS TRUST FUND . . . . . . . . . . . . . . .

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// ISSUES

200,000

1758 SPECIAL CATEGORIES BOATING SAFETY EDUCATION PROGRAM


1759 FIXED CAPITAL OUTLAY BOATING INFRASTRUCTURE


1760 GRANTS AND AIDS TO LOCAL GOVERNMENTS AND NONSTATE ENTITIES - FIXED CAPITAL OUTLAY DERELICT VESSEL REMOVAL PROGRAM

FROM MARINE RESOURCES CONSERVATION TRUST FUND . . . . . . . . . . . . 1,000,000

1761 GRANTS AND AIDS TO LOCAL GOVERNMENTS AND NONSTATE ENTITIES - FIXED CAPITAL OUTLAY FLORIDA BOATING IMPROVEMENT PROGRAM

FROM MARINE RESOURCES CONSERVATION TRUST FUND . . . . . . . . . . . . 1,296,300 FROM STATE GAME TRUST FUND . . . . . 1,250,000

1827 GRANTS AND AIDS TO LOCAL GOVERNMENTS AND NONSTATE ENTITIES - FIXED CAPITAL OUTLAY ARTIFICIAL FISHING REEF CONSTRUCTION PROGRAM

FROM FEDERAL GRANTS TRUST FUND . . . 300,000


APPENDIX

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// USE OF VESSEL REGISTRATION FEESSB 436 (as filed) + Staff AnalysisHB 529 (as filed) + Staff Analysis

// CERTIFICATES OF TITLES FOR VESSELSSB 676 (as filed)HB 475 (as filed) + Staff Analysis

// VESSELSSB 1530 (as filed)HB 1319 (as filed)

// TOWING AND IMMOBILIZING OF VEHICLES AND VESSELSSB 1792 (as filed)HB 1237 (as filed)

// ANCHORING AND MOORING OF VESSELS OUTSIDE OF PUBLIC MOORING FIELDS

SB 1666 (as filed)

// ANCHORED VESSELSHB 1221 (as filed)

// COASTAL MANAGEMENTSB 446 (as filed) + Staff AnalysisHB 325 (as filed) + Staff Analysis

// WATER QUALITY IMPROVEMENTSSB 1758 (as filed)HB 1395 (as filed)

// DEPARTMENT OF ENVIRONMENTAL PROTECTIONSB 1502 (as filed)

// CURRENT BILL TRACKING LIST

Florida Senate - 2019 SB 436

By Senator Hooper

16-00829A-19 2019436__

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.

A bill to be entitled 1

An act relating to use of vessel registration fees; 2

amending s. 328.66, F.S.; authorizing a portion of 3

county or municipal vessel registration fees to be 4

used for specified additional purposes; providing an 5

effective date. 6

7

Be It Enacted by the Legislature of the State of Florida: 8

9

Section 1. Subsection (1) of section 328.66, Florida 10

Statutes, is amended to read: 11

328.66 County and municipality optional registration fee.— 12

(1) A Any county may impose an annual registration fee on 13

vessels registered, operated, used, or stored on the waters of 14

this state within its jurisdiction. This fee shall be 50 percent 15

of the applicable state registration fee as provided in s. 16

328.72(1) and not the reduced vessel registration fee specified 17

in s. 328.72(18). However, the first $1 of every registration 18

fee imposed under this subsection shall be remitted to the state 19

for deposit in the Save the Manatee Trust Fund created within 20

the Fish and Wildlife Conservation Commission, and shall be used 21

only for the purposes specified in s. 379.2431(4). All other 22

moneys received from such fee shall be expended for the patrol, 23

regulation, and maintenance of the lakes, rivers, and waters and 24

for other boating-related activities of such municipality or 25

county, which may include channel and other navigational 26

dredging, the construction, expansion, or maintenance of public 27

boat ramps and other public water access facilities, and 28

associated engineering and permitting costs. A municipality that 29


16-00829A-19 2019436__

Page 2 of 2


was imposing a registration fee before April 1, 1984, may 30

continue to levy such fee, notwithstanding the provisions of 31

this section. 32

Section 2. This act shall take effect July 1, 2019. 33

The Florida Senate

BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.)

Prepared By: The Professional Staff of the Committee on Community Affairs

BILL: SB 436

INTRODUCER: Senator Hooper

SUBJECT: Use of Vessel Registration Fees

DATE: February 28, 2019

ANALYST STAFF DIRECTOR REFERENCE ACTION

1. Peacock Yeatman CA Favorable

2. EN

3. RC

I. Summary:

Currently, any county may impose an annual registration fee on vessels registered, operated,

used, or stored on waters within its jurisdiction. This fee is 50 percent of the applicable state

registration fee and must be used for patrol, regulation, and maintenance of the lakes, rivers, and

waters and for other boating-related activities within the county.

The bill expands the authorized uses of the county vessel registration fees to include channel and

other navigational dredging, the construction, expansion, or maintenance of public boat ramps

and other public water access facilities, and associated engineering and permitting costs.

II. Present Situation:

Vessel Registration

The term “vessel” is synonymous with boat as referenced in s. 1(b), Art. VII of the State

Constitution1 and includes every description of watercraft, barge, or airboat, other than a

seaplane on the water, used or capable of being used as a means of transportation on water.2

Vessels operated, used, or stored on the waters of this state must be registered with the

Department of Highway Safety and Motor Vehicles (DHSMV) as a commercial or recreational3

vessel, unless:

The vessel is operated, used, and stored exclusively on private lakes and ponds;

The vessel is owned by the U.S. Government;

1 FLA. CONST. art. VII, s.1(b) provides that motor vehicles, boats, airplanes, trailers, trailer coaches and mobile homes, as

defined by law, shall be subject to a license tax for their operation in the amounts and for the purposes prescribed by law, but

shall not be subject to ad valorem taxes. 2 Section 327.02(46), F.S. 3 Section 327.02(40), F.S., defines a “recreational vessel” as a vessel manufactured and used primarily for noncommercial

purposes, or a vessel leased, rented, or chartered to a person for his or her noncommercial use.

REVISED:

BILL: SB 436 Page 2

The vessel is used exclusively as a ship’s lifeboat; or

The vessel is non-motor-powered and less than 16 feet in length or a non-motor-powered

canoe, kayak, racing shell, or rowing scull, regardless of length. 4

Section 328.72(12), F.S., provides that vessel registration periods are for 12 or 24 months. An

individual who owns a vessel is eligible to register the vessel for a 12 or 24 month period that

begins the first day of the birth month of the owner and ends the last day of the month preceding

the owner’s birth month. The registration period for vessels owned by companies, corporations,

governmental entities, and registrations issued to dealers and manufacturers is July 1 to June 30.5

The base registration fee for vessels is determined by the length of the vessel. The vessel

registration fee for a 12-month period is as follows:6

Class A-1: Less than 12 feet in length and all canoes to which propulsion motors have been

attached, regardless of length: $5.50;

Class A-2: 12 feet or more and less than 16 feet in length: $16.25;

Class 1: 16 feet or more and less than 26 feet in length: $28.75;




Class 5: 110 feet or more in length: $189.75; and

Dealer Registration Certificate: $25.50.

A portion of state vessel registration fees goes to the counties, with priority given to counties

with more than 35,000 registered vessels.7 The portion of money going to the counties must be

used for specific boating-related purposes.8

Local Vessel Registration Fees

In addition to the state vessel registration fees above, any county may impose an annual

registration fee on vessels registered, operated, used, or stored on waters within its jurisdiction.

This fee is 50 percent of the applicable state registration fee as provided in s. 328.72(1), F.S., and

not the reduced vessel registration fee specified in s. 328.72(18), F.S.9 The first $1 of every

county registration fee must be remitted to the state for deposit into the Save the Manatee Trust

Fund created within the Fish and Wildlife Conservation Commission.10 The remaining proceeds

of the optional county fee is retained by the county where the vessel is registered and is to be

used for patrol, regulation, and maintenance of the lakes, rivers, and waters and for other

boating-related activities within the county.11 A county which imposes a vessel registration fee

4 Section 328.48(2), F.S. 5 Section 328.72(12)(c)2., F.S. 6 Section 328.72(1)(a), F.S. 7 Section 328.72(15), F.S. 8 Id. The dredging of channels is prohibited as a use for the money by the counties. 9 State vessel registration fees are reduced for recreational vessels equipped with an emergency position-indicating radio

beacon registered with the U.S. National Oceanic and Atmospheric Administration (NOAA) or whose owner owns a personal

locator beacon registered with the NOAA. 10 Section 328.66(1), F.S. 11 Id.

BILL: SB 436 Page 3

may share such proceeds with one or more municipalities within the county pursuant to an

interlocal agreement to fund authorized boating-related projects.12

Currently, 15 counties have elected to impose the local vessel registration fee. The following

chart13 summarizes the associated revenue by county for Fiscal Year (FY) 2018-2019.

County FY 18-19

Broward $348,657.83

Charlotte $162,291.76

Collier $161,248.00

Hardee $ 4,314.81

Hillsborough $261,766.16

Lee $350,021.31

Manatee $137,603.99

Martin $145,050.98

Miami-Dade $575,512.73

Monroe $224,956.67

Palm Beach $270,853.06

Pinellas $335,436.88

Polk $184,755.27

Sarasota $153,898.38

Volusia $166,786.14

Grand Total $3,483,153.97

Regulation of Dredging

Dredging means excavation in wetlands or other surface waters or excavation in uplands that

creates wetlands or other surface waters. Filling means deposition of any material (such as sand,

dock pilings or seawalls) in wetlands or other surface waters.14

Any activity on or over wetlands and other surface waters (dredging and filling) is regulated by

the Department of Environmental Protection (DEP) and the five water management districts

(Northwest Florida, Suwannee River, St. Johns River, Southwest Florida, and South Florida)

through the Environmental Resources Permitting (ERP) program. Dredging and filling is also

regulated by the federal government under a separate program administered by the U.S. Army

Corps of Engineers (Corps). The process is initiated by submitting a joint (interagency)

application to DEP or to one of the above water management districts. The appropriate agency is

determined by a division of responsibilities specified in Operating Agreements between the

agencies. Upon receipt of the application by DEP or water management district, a copy is also

forwarded to the Corps to initiate the federal permitting process.15

12 Section 328.66(2), F.S. 13 Email from Kevin Jacobs, Deputy Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, RE: SB 436,

(February 15, 2019) (Copy on file with the Senate Committee on Community Affairs). 14 Department of Environmental Protection, ERP Dredging and Filing, available at https://floridadep.gov/water/submerged-lands-

environmental-resources-coordination/content/erp-dredging-and-filling (last visited on February 15, 2019). 15 Id.

https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/erp-dredging-and-filling

https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/erp-dredging-and-filling

BILL: SB 436 Page 4

III. Effect of Proposed Changes:

Section 1 of the bill amends s. 328.66, F.S., to authorize a county to use a portion of vessel

registration fees for additional purposes that may include channel and other navigational

dredging, the construction, expansion, or maintenance of public boat ramps and other public

water access facilities, and associated engineering and permitting costs.

Section 2 provides that the bill takes effect July 1, 2019.

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.

C. Trust Funds Restrictions:

None.

D. Other Constitutional Issues:

None identified.

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.

B. Private Sector Impact:

None.

C. Government Sector Impact:

None.

VI. Technical Deficiencies:

None.

VII. Related Issues:

None.

BILL: SB 436 Page 5

VIII. Statutes Affected:

This bill substantially amends section 328.66 of the Florida Statutes.

IX. Additional Information:

A. Committee Substitute – Statement of Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.)

None.

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.

HB 529 2019


hb0529-00

Page 1 of 2

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S


An act relating to use of vessel registration fees; 2

amending s. 328.66, F.S.; authorizing a portion of 3

county or municipal vessel registration fees to be 4

used for specified purposes; providing an effective 5

date. 6

7


9



328.66 County and municipality optional registration fee.— 12

(1) A Any county may impose an annual registration fee on 13

vessels registered, operated, used, or stored on the waters of 14

this state within its jurisdiction. This fee shall be 50 percent 15

of the applicable state registration fee as provided in s. 16

328.72(1) and not the reduced vessel registration fee specified 17

in s. 328.72(18). However, the first $1 of every registration 18

fee imposed under this subsection shall be remitted to the state 19

for deposit in the Save the Manatee Trust Fund created within 20

the Fish and Wildlife Conservation Commission, and shall be used 21

only for the purposes specified in s. 379.2431(4). All other 22

moneys received from such fee shall be expended for the patrol, 23

regulation, and maintenance of the lakes, rivers, and waters and 24

for other boating-related activities of such municipality or 25

HB 529 2019


hb0529-00

Page 2 of 2


county, which may include channel and other navigational 26

dredging, the construction, expansion, or maintenance of public 27

boat ramps and other public water access facilities, and 28

associated engineering and permitting costs. A municipality that 29

was imposing a registration fee before April 1, 1984, may 30

continue to levy such fee, notwithstanding the provisions of 31

this section. 32


This document does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h0529b.LFV DATE: 3/8/2019

HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 529 Use of Vessel Registration Fees SPONSOR(S): Mariano TIED BILLS: IDEN./SIM. BILLS: SB 436

REFERENCE ACTION ANALYST STAFF DIRECTOR or

BUDGET/POLICY CHIEF

1) Transportation & Infrastructure Subcommittee 11 Y, 0 N Roth Vickers

2) Local, Federal & Veterans Affairs Subcommittee Renner Miller

3) State Affairs Committee

SUMMARY ANALYSIS

Florida law authorizes counties to assess an optional vessel registration fee of 50 percent of the applicable state vessel registration fee. The first $1 of every optional registration fee is deposited into the Save the Manatee Trust Fund for purposes specified by law. All other moneys received from such fee must be expended for the patrol, regulation, and maintenance of the lakes, rivers, and waters and for other boating-related activities. The bill specifies that the optional county and municipal vessel registration fee may be used for dredging, constructing, expanding or maintaining public boat ramps and other public water access facilities, including associated engineering and permitting fees. The bill does not appear to have a fiscal impact on state or local governments.

STORAGE NAME: h0529b.LFV PAGE: 2 DATE: 3/8/2019

FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS A. EFFECT OF PROPOSED CHANGES:

Current Situation Vessel Registration By statute, vessels are registered and numbered uniformly throughout the state.1 The goal is to make registration and numbering procedures for vessels similar to those of automobiles and airplanes and to provide for a vessel registration fee and certificate so as to determine the ownership of vessels which are operated, used, or stored on the waters of this state and to aid in the advancement of maritime safety.2 State Vessel Registration Fees State vessel registration fees are based on the length of the vessel and range from a low of $5.50 to a high of $189.75.3 A portion of state vessel registration fees goes to the counties, with priority given to counties with more than 35,000 registered vessels.4 The portion of money going to the counties must be used for specific boating-related purposes.5 Section 328.72(1)(a), F.S., provides the following state vessel registration fees:

Class A-1—Less than 12 feet in length, and all canoes to which propulsion motors have been attached, regardless of length: $5.50 for each 12-month period registered.

Class A-2—12 feet or more and less than 16 feet in length: $16.25 for each 12-month period registered. To county: $2.85 for each 12-month period registered.

Class 1—16 feet or more and less than 26 feet in length: $28.75 for each 12-month period registered. To county: $8.85 for each 12-month period registered.




Class 5—110 feet or more in length: $189.75 for each 12-month period registered. To county: $86.85 for each 12-month period registered.

Dealer registration certificate: $25.50 for each 12-month period registered. Local Vessel Registration Fees In addition to the state vessel registration fees above, each county may opt to impose an annual registration fee on vessels registered, operated, used, or stored on the waters of Florida within the county’s jurisdiction. The fee must be 50 percent of the applicable state registration fee.6,7 The first $1 of every optional registration fee is deposited in the Save the Manatee Trust Fund8 to be used only for specific purposes found in statute.9,10 All other moneys received from such fee must be expended for the patrol, regulation, and maintenance of the lakes, rivers, and waters and for other boating-related

1 Ch. 328, part II, F.S.

2 Section 328.65, F.S.

3 Section 328.72(1)(a), F.S.

4 Section 328.72(15), F.S.

5 Id. The dredging of channels is prohibited as a use for the money by the counties.

6 Section 328.66(1), F.S.

7 Section 328.72(18), F.S., provides for reduced registration fees for vessels equipped with an emergency position-indicating radio

beacon. The optional county and municipality vessel registration fees are based upon the registration fees for vessels without an emergency position-indicating radio beacon. 8 The Save the Manatee Trust Fund is created within the Fish and Wildlife Conservation Commission.

9 Section 379.2431(4), F.S., provides for annual funding of programs for marine mammals.

10 Section 328.66(1), F.S.


activities of such county or municipality.11 Any county which imposes an annual registration fee may establish, by interlocal agreement with one or more of the municipalities located in the county, a distribution formula for dividing the proceeds of the fee or for use of the funds for boating-related projects located within the county or the municipality or municipalities.12 Currently, 15 counties have elected to impose the local vessel registration fee. The following chart13 summarizes the associated revenue by county for Fiscal Years (FY) 2014-2018. Regulation of Dredging

Dredging means excavation in wetlands or other surface waters or excavation in uplands that creates wetlands or other surface waters. Filling means deposition of any material (such as sand, dock pilings or seawalls) in wetlands or other surface waters.14

Any activity on or over wetlands and other surface waters (dredging and filling) is regulated by the Department of Environmental Protection (DEP) and the five water management districts through the Environmental Resources Permitting (ERP) program. Dredging and filling is also regulated by the federal government under a separate program administered by the U.S. Army Corps of Engineers. The process is initiated by submitting a joint (interagency) application to DEP or to one of the above water management districts. The appropriate agency is determined by a division of responsibilities specified in Operating Agreements between the agencies. Upon receipt of the application by DEP or water management district, a copy is also forwarded to the Corps to initiate the federal permitting process.15 Effect of the Bill The bill amends s. 328.66(1), F.S., specifying that a county or municipality may use its optional vessel registration fee for boating activities including channel and other navigational dredging, the construction, expansion, or maintenance of public boat ramps and other public water access facilities, and associated engineering and permitting costs.

11

Id. 12

Section 328.66(2), F.S. 13

Email from Kevin Jacobs, Deputy Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, RE: HB 529, (January 4, 2019), on file with the Transportation & Infrastructure Subcommittee. 14

Department of Environmental Protection, ERP Dredging and Filing, available at https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/erp-dredging-and-filling (last visited February 5, 2019). 15

Id.

County FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 Grand Total

Broward $646,377 $661,252 $647,331 $666,747 $2,621,709

Charlotte $290,149 $277,469 $282,224 275,992 $1,125,837

Collier $316,518 $299,851 $307,364 $296,035 $1,219,768

Hillsborough $474,200 $458,475 $463,849 $456,017 $1,852,543

Lee $670,734 $644,349 $637,290 $596,483 $2,548,858

Manatee $228,000 $224,801 $238,995 $241,824 $933,622

Martin $274,405 $265,108 $266,783 262,120 $1,068,417

Miami-Dade $1,079,990 $1,074,695 $1,072,980 1,070,178 $4,297,844

Monroe $425,664 $429,461 $426,726 $386,365 $1,668,217

Palm Beach $552,207 $519,426 $505,409 $488,801 $2,065,844

Pinellas $618,028 $592,602 $619,023 $599,254 $2,428,909

Polk $308,231 $305,645 $308,556 $303,986 $1,226,419

Santa Rosa $326 $326

Sarasota $298,934 $290,950 $294,975 $291,726 $1,176,586

Volusia $291,980 $288,299 $295,899 $285,635 $1,161,814

Grand Total $6,475,425 $6,332,715 $6,367,410 $6,221,169 $25,396,720


The bill does not alter existing regulatory or permitting requirements.

B. SECTION DIRECTORY:

Section 1: Amends s. 328.66, F.S., relating to county and municipality optional vessel registration fee. Section 2: Provides an effective date of July 1, 2019.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues:

None.

2. Expenditures:

None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues:

None.

2. Expenditures:

None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

None.

D. FISCAL COMMENTS:

The bill does not have a fiscal impact on local governments; however, the bill does specify additional eligible uses for the existing optional vessel registration fee imposed by counties.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:

Not applicable. This bill does not appear to require counties or municipalities to spend funds or take action requiring the expenditures of funds; reduce the authority that counties or municipalities have to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or municipalities.

2. Other:

None.

B. RULE-MAKING AUTHORITY:

The bill neither authorizes nor requires executive branch rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:

None.


IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES


By Senator Hooper

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An act relating to certificates of title for vessels; 2

creating s. 328.001, F.S.; providing a short title; 3

creating s. 328.0015, F.S.; defining terms; amending 4

s. 328.01, F.S.; revising requirements for application 5

for, and information to be included in, a certificate 6

of title for a vessel; creating s. 328.015, F.S.; 7

requiring the Department of Highway Safety and Motor 8

Vehicles to retain certain information relating to 9

ownership and titling of vessels; requiring the 10

department to furnish certain information upon 11

request; creating s. 328.02, F.S.; providing that 12

local law governs all issues relating to a certificate 13

of title; specifying when a vessel becomes covered by 14

such certificate; amending s. 328.03, F.S.; requiring 15

a vessel owner to deliver an application for a 16

certificate of title to the department by a specified 17

time; revising circumstances under which a vessel must 18

be titled by this state; providing requirements for 19

issuing, transferring, or renewing the number of an 20

undocumented vessel issued under certain federal 21

provisions; deleting provisions relating to operation, 22

use, or storage of a vessel; deleting provisions 23

relating to selling, assigning, or transferring a 24

vessel; specifying that a certificate of title is 25

prima facie evidence of the accuracy of the 26

information in the record that constitutes the 27

certificate; creating s. 328.04, F.S.; providing 28

requirements for the content of a certificate of 29


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title; creating s. 328.045, F.S.; providing the 30

respective responsibilities of an owner and insurer of 31

a hull-damaged vessel when transferring an ownership 32

interest in the vessel; requiring the department to 33

create a new certificate of title indicating such 34

damage; providing a civil penalty; creating s. 35

328.055, F.S.; requiring the department to maintain 36

certain information in its files and to provide 37

certain information to governmental entities; 38

specifying that certain information is a public 39

record; creating s. 328.06, F.S.; providing 40

responsibilities of the department when creating a 41

certificate of title; creating s. 328.065, F.S.; 42

specifying effect of possession of a certificate of 43

title; providing construction; amending s. 328.09, 44

F.S.; providing duties of the department relating to 45

creation, issuance, refusal to issue, or cancellation 46

of a certificate of title; providing for a hearing; 47

creating s. 328.101, F.S.; specifying that a 48

certificate of title and certain other records are 49

effective despite missing or incorrect information; 50

amending s. 328.11, F.S.; providing requirements for 51

obtaining a duplicate certificate of title; creating 52

s. 328.12, F.S.; providing requirements for the 53

determination and the perfection of a security 54

interest in a vessel; providing applicability; 55

requiring the department to adopt rules; creating s. 56

328.125, F.S.; providing requirements for the delivery 57

of a statement of termination of a security interest; 58


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providing duties of the department; providing 59

liability for noncompliance; creating s. 328.14, F.S.; 60

providing for the rights of a purchaser of a vessel 61

who is not a secured party; creating s. 328.145, F.S.; 62

providing for the rights of a secured party; amending 63

s. 328.15, F.S.; deleting certain provisions relating 64

to notice of a lien; providing for future repeal of 65

certain provisions; amending ss. 328.16 and 328.165, 66

F.S.; conforming provisions to changes made by the 67

act; creating s. 328.215, F.S.; specifying 68

circumstances under which the department may create a 69

new certificate of title after receipt of an 70

application for a transfer of ownership or termination 71

of a security interest unaccompanied by a certificate 72

of title; authorizing the department to indicate 73

certain information on the new certificate; 74

authorizing the department to require a bond, 75

indemnity, or other security under certain 76

circumstances; providing for the release of such bond, 77

indemnity, or other security; creating s. 328.22, 78

F.S.; providing rules for the transfer of ownership in 79

a vessel; providing effect of noncompliance; creating 80

s. 328.23, F.S.; defining the term “secured party’s 81

transfer statement”; providing duties of the 82

department upon receipt of a secured party’s transfer 83

statement; providing construction; creating s. 328.24, 84

F.S.; defining the term “by operation of law”; 85

providing requirements for a transfer of ownership by 86

operation of law; providing duties of the department; 87


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providing applicability; creating s. 328.25, F.S.; 88

providing that the principles and law of equity 89

supplement the provisions of the act; amending ss. 90

409.2575, 705.103, and 721.08, F.S.; conforming 91

provisions and cross-references to changes made by the 92

act; providing construction and applicability 93

regarding transactions, certificates of title, and 94

records entered into or created, actions or 95

proceedings commenced, and security interests 96

perfected before the effective date of the act; 97

providing applicability; providing an effective date. 98

99


101

Section 1. Section 328.001, Florida Statutes, is created to 102

read: 103

328.001 Short title.—This part may be cited as the “Uniform 104

Certificate of Title for Vessels Act.” 105

Section 2. Section 328.0015, Florida Statutes, is created 106

to read: 107

328.0015 Definitions.— 108

(1) As used in this part, the term: 109

(a) “Barge” means a vessel that is not self-propelled or 110

fitted for propulsion by sail, paddle, oar, or similar device. 111

(b) “Builder’s certificate” means a certificate of the 112

facts of the build of a vessel as described in 46 C.F.R. s. 113

67.99. 114

(c) “Buyer” means a person who buys or contracts to buy a 115

vessel. 116


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(d) “Cancel,” with respect to a certificate of title, means 117

to make the certificate ineffective. 118

(e) “Certificate of origin” means a record created by a 119

manufacturer or importer as the manufacturer’s or importer’s 120

proof of identity of a vessel. The term includes a 121

manufacturer’s certificate or statement of origin and an 122

importer’s certificate or statement of origin. The term does not 123

include a builder’s certificate. 124

(f) “Certificate of title” means a record, created by the 125

department or by a governmental agency of another jurisdiction 126

under the law of that jurisdiction, that is designated as a 127

certificate of title by the department or agency and is evidence 128

of ownership of a vessel. 129

(g) “Dealer” means a person, including a manufacturer, in 130

the business of selling vessels. 131

(h) “Department” means the Department of Highway Safety and 132

Motor Vehicles. 133

(i) “Documented vessel” means a vessel covered by a 134

certificate of documentation issued pursuant to 46 U.S.C. s. 135

12105. The term does not include a foreign-documented vessel. 136

(j) “Electronic” means relating to technology having 137

electrical, digital, magnetic, wireless, optical, 138

electromagnetic, or similar capabilities. 139

(k) “Electronic certificate of title” means a certificate 140

of title consisting of information that is stored solely in an 141

electronic medium and is retrievable in perceivable form. 142

(l) “Foreign-documented vessel” means a vessel of which the 143

ownership is recorded in a registry maintained by a country 144

other than the United States which identifies each person who 145


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has an ownership interest in a vessel and includes a unique 146

alphanumeric designation for the vessel. 147

(m) “Good faith” means honesty in fact and the observance 148

of reasonable commercial standards of fair dealing. 149

(n) “Hull damaged” means compromised with respect to the 150

integrity of a vessel’s hull by a collision, allision, lightning 151

strike, fire, explosion, running aground, or similar occurrence, 152

or the sinking of a vessel in a manner that creates a 153

significant risk to the integrity of the vessel’s hull. 154

(o) “Hull identification number” means the alphanumeric 155

designation assigned to a vessel pursuant to 33 C.F.R. part 181. 156

(p) “Lien creditor,” with respect to a vessel, means: 157

1. A creditor who has acquired a lien on the vessel by 158

attachment, levy, or the like; 159

2. An assignee for benefit of creditors from the time of 160

assignment; 161

3. A trustee in bankruptcy from the date of the filing of 162

the petition; or 163

4. A receiver in equity from the time of appointment. 164

(q) “Owner” means a person who has legal title to a vessel. 165

(r) “Owner of record” means the owner indicated in the 166

files of the department or, if the files indicate more than one 167

owner, the one first owner indicated. 168

(s) “Person” means an individual, corporation, business 169

trust, estate, trust, statutory trust, partnership, limited 170

liability company, association, joint venture, public 171

corporation, government or governmental subdivision, agency, or 172

instrumentality, or any other legal or commercial entity. 173

(t) “Purchase” means to take by sale, lease, mortgage, 174


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pledge, consensual lien, security interest, gift, or any other 175

voluntary transaction that creates an interest in a vessel. 176

(u) “Purchaser” means a person who takes by purchase. 177

(v) “Record” means information that is inscribed on a 178

tangible medium or that is stored in an electronic or other 179

medium and is retrievable in perceivable form. 180

(w) “Secured party,” with respect to a vessel, means a 181

person: 182

1. In whose favor a security interest is created or 183

provided for under a security agreement, regardless of whether 184

any obligation to be secured is outstanding; 185

2. Who is a consignor as defined under chapter 679; or 186

3. Who holds a security interest arising under s. 672.401, 187

s. 672.505, s. 672.711(3), or s. 680.508(5). 188

(x) “Secured party of record” means the secured party whose 189

name is indicated as the name of the secured party in the files 190

of the department or, if the files indicate more than one 191

secured party, the one first indicated. 192

(y) “Security interest” means an interest in a vessel which 193

secures payment or performance of an obligation if the interest 194

is created by contract or arises under s. 672.401, s. 672.505, 195

s. 672.711(3), or s. 680.508(5). The term includes any interest 196

of a consignor in a vessel in a transaction that is subject to 197

chapter 679. The term does not include the special property 198

interest of a buyer of a vessel on identification of that vessel 199

to a contract for sale under s. 672.501, but a buyer also may 200

acquire a security interest by complying with chapter 679. 201

Except as otherwise provided in s. 672.505, the right of a 202

seller or lessor of a vessel under chapter 672 or chapter 680 to 203


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retain or acquire possession of the vessel is not a security 204

interest, but a seller or lessor also may acquire a security 205

interest by complying with chapter 679. The retention or 206

reservation of title by a seller of a vessel, notwithstanding 207

shipment or delivery to the buyer under s. 672.401, is limited 208

in effect to a reservation of a security interest. Whether a 209

transaction in the form of a lease creates a security interest 210

is determined as provided in part II of chapter 671. 211

(z) “Sign” means, with present intent to authenticate or 212

adopt a record, to: 213

1. Make or adopt a tangible symbol; or 214

2. Attach to or logically associate with the record an 215

electronic symbol, sound, or process. 216

(aa) “State” means a state of the United States, the 217

District of Columbia, Puerto Rico, the United States Virgin 218

Islands, or any territory or insular possession subject to the 219

jurisdiction of the United States. 220

(bb) “State of principal use” means the state on the waters 221

of which a vessel is or will be used, operated, navigated, or 222

employed more than on the waters of any other state during a 223

calendar year. 224

(cc) “Title brand” means a designation of previous damage, 225

use, or condition that must be indicated on a certificate of 226

title. 227

(dd) “Transfer of ownership” means a voluntary or 228

involuntary conveyance of an interest in a vessel. 229

(ee) “Vessel” means a watercraft used or capable of being 230

used as a means of transportation on water, except any of the 231

following: 232


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1. A seaplane. 233

2. An amphibious vehicle for which a certificate of title 234

is issued pursuant to chapter 319 or a similar statute of 235

another state. 236

3. Watercraft less than 16 feet in length and propelled 237

solely by sail, paddle, oar, or an engine of less than 10 238

horsepower. 239

4. Watercraft that operate only on a permanently fixed, 240

manufactured course and the movement of which is restricted to 241

or guided by means of a mechanical device to which the 242

watercraft is attached or by which the watercraft is controlled. 243

5. A stationary floating structure that: 244

a. Does not have and is not designed to have a mode of 245

propulsion of its own; 246

b. Is dependent for utilities upon a continuous utility 247

hookup to a source originating on shore; and 248

c. Has a permanent, continuous hookup to a shoreside sewage 249

system. 250

6. Watercraft owned by the United States, a state, or a 251

foreign government or a political subdivision of the United 252

States, a state, or a foreign government. 253

7. Watercraft used solely as a lifeboat on another 254

watercraft. 255

(ff) “Vessel number” means the alphanumeric designation for 256

a vessel issued pursuant to 46 U.S.C. s. 12301. 257

(gg) “Written certificate of title” means a certificate of 258

title consisting of information inscribed on a tangible medium. 259

(2) The following definitions and terms also apply to this 260

part: 261


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(a) “Agreement” as defined in s. 671.201(3). 262

(b) “Buyer in ordinary course of business” as defined in s. 263

671.201(9). 264

(c) “Conspicuous” as defined in s. 671.201(10). 265

(d) “Consumer goods” as defined in s. 679.1021(1)(w). 266

(e) “Debtor” as defined in s. 679.1021(1)(bb). 267

(f) “Knowledge” as defined in s. 671.209. 268

(g) “Lease” as defined in s. 680.1031(1)(j). 269

(h) “Lessor” as defined in 680.1031(1)(p). 270

(i) “Notice” as defined s. 671.209. 271

(j) “Representative” as defined in s. 671.201(36). 272

(k) “Sale” as defined in s. 672.106(1). 273

(l) “Security agreement” as defined in s. 679.1021(1)(uuu). 274

(m) “Seller” as defined in s. 672.103(1)(d). 275

(n) “Send” as defined in s. 671.201(39). 276

(o) “Value” as defined in s. 671.211. 277

Section 3. Section 328.01, Florida Statutes, is amended to 278

read: 279

328.01 Application for certificate of title.— 280

(1)(a) The owner of a vessel that which is required to be 281

titled shall apply to the county tax collector for a certificate 282

of title. Except as otherwise provided in ss. 328.045, 328.11, 283

328.12, 328.215, 328.23, and 328.24, only an owner may apply for 284

a certificate of title. 285

(2) An application for a certificate of title must be 286

signed by the applicant and contain: 287

(a) The applicant’s name, the street address of the 288

applicant’s principal residence, and, if different, the 289

applicant’s mailing address; 290


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(b) The name and mailing address of each other owner of the 291

vessel; 292

(c) The hull identification number for the vessel or, if 293

none, an application for the issuance of a hull identification 294

number for the vessel; 295

(d) The vessel number for the vessel or, if none issued by 296

the department, an application for a vessel number; 297

(e) A description of the vessel as required by the 298

department, which must include: 299

1. The official number for the vessel, if any, assigned by 300

the United States Coast Guard; 301

2. The name of the manufacturer, builder, or maker; 302

3. The model year or the year in which the manufacture or 303

build of the vessel was completed; 304

4. The overall length of the vessel; 305

5. The vessel type; 306

6. The hull material; 307

7. The propulsion type; 308

8. The engine drive type, if any; and 309

9. The fuel type, if any; 310

(f) An indication of all security interests in the vessel 311

known to the applicant and the name and mailing address of each 312

secured party; 313

(g) A statement that the vessel is not a documented vessel 314

or a foreign-documented vessel; 315

(h) Any title brand known to the applicant and, if known, 316

the jurisdiction under whose law the title brand was created; 317

(i) If the applicant knows that the vessel is hull damaged, 318

a statement that the vessel is hull damaged; 319


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(j) If the application is made in connection with a 320

transfer of ownership, the transferor’s name, the street address 321

of the transferor’s principal residence, and, if different, 322

mailing address, the sales price, if any, and the date of the 323

transfer; and 324

(k) If the vessel was previously registered or titled in 325

another jurisdiction, a statement identifying each jurisdiction 326

known to the applicant in which the vessel was registered or 327

titled. 328

(3) In addition to the information required by subsection 329

(2), an application for a certificate of title may contain an 330

electronic communication address of the owner, transferor, or 331

secured party. 332

(4) Except as otherwise provided in s. 328.11, s. 328.215, 333

s. 328.23, or s. 328.24, an application for a certificate of 334

title must be accompanied by: 335

(a) A certificate of title that is signed by the owner 336

shown on the certificate and that: 337

1. Identifies the applicant as the owner of the vessel; or 338

2. Is accompanied by a record that identifies the applicant 339

as the owner; or 340

(b) If there is no certificate of title: 341

1. If the vessel was a documented vessel, a record issued 342

by the United States Coast Guard which shows the vessel is no 343

longer a documented vessel and which identifies the applicant as 344

the owner; 345

2. If the vessel was a foreign-documented vessel, a record 346

issued by the foreign country which shows the vessel is no 347

longer a foreign-documented vessel and which identifies the 348


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applicant as the owner; or 349

3. In all other cases, a certificate of origin, bill of 350

sale, or other record that, to the satisfaction of the 351

department, identifies the applicant as the owner. 352

(5) A record submitted in connection with an application is 353

part of the application. The department shall maintain the 354

record in its files. 355

(6) The department may require that an application for a 356

certificate of title be accompanied by payment or evidence of 357

payment of all fees and taxes payable by the applicant under the 358

laws of this state other than this part in connection with the 359

application or the acquisition or use of the vessel The 360

application shall include the true name of the owner, the 361

residence or business address of the owner, and the complete 362

description of the vessel, including the hull identification 363

number, except that an application for a certificate of title 364

for a homemade vessel shall state all the foregoing information 365

except the hull identification number. 366

(7)(a) The application must shall be signed by the owner 367

and must shall be accompanied by personal or business 368

identification and the prescribed fee. An individual applicant 369

shall must provide a valid driver license or identification card 370

issued by this state or another state or a valid passport. A 371

business applicant shall must provide a federal employer 372

identification number, if applicable, verification that the 373

business is authorized to conduct business in the state, or a 374

Florida city or county business license or number. 375

(b) The owner of an undocumented vessel that is exempt from 376

titling may apply to the county tax collector for a certificate 377


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of title by filing an application accompanied by the prescribed 378

fee. 379

(2)(a) The owner of a manufactured vessel that was 380

initially sold in this state for which vessel an application for 381

an initial title is made shall establish proof of ownership by 382

submitting with the application the original copy of the 383

manufacturer’s statement of origin for that vessel. 384

(b) The owner of a manufactured vessel that was initially 385

sold in another state or country for which vessel an application 386

for an initial title is made shall establish proof of ownership 387

by submitting with the application: 388

1. The original copy of the manufacturer’s statement of 389

origin if the vessel was initially sold or manufactured in a 390

state or country requiring the issuance of such a statement or 391

the original copy of the executed bill of sale if the vessel was 392

initially sold or manufactured in a state or country not 393

requiring the issuance of a manufacturer’s statement of origin; 394

and 395

2. The most recent certificate of registration for the 396

vessel, if such a certificate was issued. 397

(c) In making application for an initial title, the owner 398

of a homemade vessel shall establish proof of ownership by 399

submitting with the application: 400

1. A notarized statement of the builder or its equivalent, 401

whichever is acceptable to the Department of Highway Safety and 402

Motor Vehicles, if the vessel is less than 16 feet in length; or 403

2. A certificate of inspection from the Fish and Wildlife 404

Conservation Commission and a notarized statement of the builder 405

or its equivalent, whichever is acceptable to the Department of 406


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Highway Safety and Motor Vehicles, if the vessel is 16 feet or 407

more in length. 408

(d) The owner of a nontitled vessel registered or 409

previously registered in another state or country for which an 410

application for title is made in this state shall establish 411

proof of ownership by surrendering, with the submission of the 412

application, the original copy of the most current certificate 413

of registration issued by the other state or country. 414

(e) The owner of a vessel titled in another state or 415

country for which an application for title is made in this state 416

shall not be issued a title unless and until all existing titles 417

to the vessel are surrendered to the Department of Highway 418

Safety and Motor Vehicles. The department shall retain the 419

evidence of title which is presented by the applicant and on the 420

basis of which the certificate of title is issued. The 421

department shall use reasonable diligence in ascertaining 422

whether the facts in the application are true; and, if satisfied 423

that the applicant is the owner of the vessel and that the 424

application is in the proper form, the department shall issue a 425

certificate of title. 426

(f) In making application for the titling of a vessel 427

previously documented by the Federal Government, the current 428

owner shall establish proof of ownership by submitting with the 429

application a copy of the canceled documentation papers or a 430

properly executed release-from-documentation certificate 431

provided by the United States Coast Guard. In the event such 432

documentation papers or certification are in the name of a 433

person other than the current owner, the current owner shall 434

provide the original copy of all subsequently executed bills of 435


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sale applicable to the vessel. 436

(3)(a) In making application for a title upon transfer of 437

ownership of a vessel, the new owner shall surrender to the 438

Department of Highway Safety and Motor Vehicles the last title 439

document issued for that vessel. The document shall be properly 440

executed. Proper execution includes, but is not limited to, the 441

previous owner’s signature and certification that the vessel to 442

be transferred is debt-free or is subject to a lien. If a lien 443

exists, the previous owner shall furnish the new owner, on forms 444

supplied by the Department of Highway Safety and Motor Vehicles, 445

the names and addresses of all lienholders and the dates of all 446

liens, together with a statement from each lienholder that the 447

lienholder has knowledge of and consents to the transfer of 448

title to the new owner. 449

(b) If the application for transfer of title is based upon 450

a contractual default, the recorded lienholder shall establish 451

proof of right to ownership by submitting with the application 452

the original certificate of title and a copy of the applicable 453

contract upon which the claim of ownership is made. If the claim 454

is based upon a court order or judgment, a copy of such document 455

shall accompany the application for transfer of title. If, on 456

the basis of departmental records, there appears to be any other 457

lien on the vessel, the certificate of title must contain a 458

statement of such a lien, unless the application for a 459

certificate of title is either accompanied by proper evidence of 460

the satisfaction or extinction of the lien or contains a 461

statement certifying that any lienholder named on the last-462

issued certificate of title has been sent notice by certified 463

mail, at least 5 days before the application was filed, of the 464


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applicant’s intention to seek a repossessed title. If such 465

notice is given and no written protest to the department is 466

presented by a subsequent lienholder within 15 days after the 467

date on which the notice was mailed, the certificate of title 468

shall be issued showing no liens. If the former owner or any 469

subsequent lienholder files a written protest under oath within 470

the 15-day period, the department shall not issue the 471

repossessed certificate for 10 days thereafter. If, within the 472

10-day period, no injunction or other order of a court of 473

competent jurisdiction has been served on the department 474

commanding it not to deliver the certificate, the department 475

shall deliver the repossessed certificate to the applicant, or 476

as is otherwise directed in the application, showing no other 477

liens than those shown in the application. 478

(c) In making application for transfer of title from a 479

deceased titled owner, the new owner or surviving coowner shall 480

establish proof of ownership by submitting with the application 481

the original certificate of title and the decedent’s probated 482

last will and testament or letters of administration appointing 483

the personal representative of the decedent. In lieu of a 484

probated last will and testament or letters of administration, a 485

copy of the decedent’s death certificate, a copy of the 486

decedent’s last will and testament, and an affidavit by the 487

decedent’s surviving spouse or heirs affirming rights of 488

ownership may be accepted by the department. If the decedent 489

died intestate, a court order awarding the ownership of the 490

vessel or an affidavit by the decedent’s surviving spouse or 491

heirs establishing or releasing all rights of ownership and a 492

copy of the decedent’s death certificate shall be submitted to 493


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the department. 494

(c)(d) An owner or coowner who has made a bona fide sale or 495

transfer of a vessel and has delivered possession thereof to a 496

purchaser shall not, by reason of any of the provisions of this 497

chapter, be considered the owner or coowner of the vessel so as 498

to be subject to civil liability for the operation of the vessel 499

thereafter by another if the owner or coowner has fulfilled 500

either of the following requirements: 501

1. The owner or coowner has delivered to the department, or 502

has placed in the United States mail, addressed to the 503

department, either the certificate of title, properly endorsed, 504

or a notice in the form prescribed by the department; or 505

2. The owner or coowner has made proper endorsement and 506

delivery of the certificate of title as provided by this 507

chapter. As used in this subparagraph, the term “proper 508

endorsement” means: 509

a. The signature of one coowner if the vessel is held in 510

joint tenancy, signified by the vessel’s being registered in the 511

names of two or more persons as coowners in the alternative by 512

the use of the word “or.” In a joint tenancy, each coowner is 513

considered to have granted to each of the other coowners the 514

absolute right to dispose of the title and interest in the 515

vessel, and, upon the death of a coowner, the interest of the 516

decedent in the jointly held vessel passes to the surviving 517

coowner or coowners. This sub-subparagraph is applicable even if 518

the coowners are husband and wife; or 519

b. The signatures of every coowner or of the respective 520

personal representatives of the coowners if the vessel is 521

registered in the names of two or more persons as coowners in 522


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the conjunctive by the use of the word “and.” 523

524

The department shall adopt suitable language that must appear 525

upon the certificate of title to effectuate the manner in which 526

the interest in or title to the vessel is held. 527

(8)(4) If the owner cannot furnish the department of 528

Highway Safety and Motor Vehicles with all the required 529

ownership documentation, the department may, at its discretion, 530

issue a title conditioned on the owner’s agreement to indemnify 531

the department and its agents and defend the title against all 532

claims or actions arising out of such issuance. 533

(9)(5)(a) An application for an initial title or a title 534

transfer shall include payment of the applicable state sales tax 535

or proof of payment of such tax. 536

(b) An application for a title transfer between 537

individuals, which transfer is not exempt from the payment of 538

sales tax, shall include payment of the appropriate sales tax 539

payable on the selling price for the complete vessel rig, which 540

includes the vessel and its motor, trailer, and accessories, if 541

any. If the applicant submits with his or her application an 542

itemized, properly executed bill of sale which separately 543

describes and itemizes the prices paid for each component of the 544

rig, only the vessel and trailer will be subject to the sales 545

tax. 546

(10)(6) The department of Highway Safety and Motor Vehicles 547

shall prescribe and provide suitable forms for applications, 548

certificates of title, notices of security interests, and other 549

notices and forms necessary to carry out the provisions of this 550

chapter. 551


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read: 553

328.015 Duties and operation of the department.— 554

(1) The department shall retain the evidence used to 555

establish the accuracy of the information in its files relating 556

to the current ownership of a vessel and the information on the 557


(2) The department shall retain in its files all 559

information regarding a security interest in a vessel for at 560

least 10 years after the department receives a termination 561

statement regarding the security interest. The information must 562

be accessible by the hull identification number for the vessel 563

and any other methods provided by the department. 564

(3) If a person submits a record to the department, or 565

submits information that is accepted by the department, and 566

requests an acknowledgment of the filing or submission, the 567

department shall send to the person an acknowledgment showing 568

the hull identification number of the vessel to which the record 569

or submission relates, the information in the filed record or 570

submission, and the date and time the record was received by or 571

the submission was accepted by the department. A request under 572

this section must contain the hull identification number and be 573

delivered by means authorized by the department. 574

(4) The department shall send or otherwise make available 575

in a record the following information to any person who requests 576

it and pays the applicable fee: 577

(a) Whether the files of the department indicate, as of a 578

date and time specified by the department, but not a date 579

earlier than 3 days before the department received the request, 580


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any certificate of title, security interest, termination 581

statement, or title brand that relates to a vessel: 582

1. Identified by a hull identification number designated in 583

the request; 584

2. Identified by a vessel number designated in the request; 585

or 586

3. Owned by a person designated in the request; 587

(b) With respect to the vessel: 588

1. The name and address of any owner as indicated in the 589

files of the department or on the certificate of title; 590

2. The name and address of any secured party as indicated 591

in the files of the department or on the certificate, and the 592

effective date of the information; and 593

3. A copy of any termination statement indicated in the 594

files of the department and the effective date of the 595

termination statement; and 596

(c) With respect to the vessel, a copy of any certificate 597

of origin, secured party transfer statement, transfer-by-law 598

statement under s. 328.24, and other evidence of previous or 599

current transfers of ownership. 600

(5) In responding to a request under this section, the 601

department may provide the requested information in any medium. 602

On request, the department shall send the requested information 603

in a record that is self-authenticating. 604


read: 606

328.02 Law governing vessel covered by certificate of 607

title.— 608

(1) The local law of the jurisdiction under whose 609


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certificate of title a vessel is covered governs all issues 610

relating to the certificate from the time the vessel becomes 611

covered by the certificate until the vessel becomes covered by 612

another certificate or becomes a documented vessel, even if no 613

other relationship exists between the jurisdiction and the 614

vessel or its owner. 615

(2) A vessel becomes covered by a certificate of title when 616

an application for the certificate and the applicable fee are 617

delivered to the department in accordance with this part or to 618

the governmental agency that creates a certificate in another 619

jurisdiction in accordance with the law of that jurisdiction. 620


read: 622

328.03 Certificate of title required.— 623

(1) Except as otherwise provided in subsections (2) and 624

(3), each vessel that is operated, used, or stored on the waters 625

of this state must be titled by this state pursuant to this 626

part, and the owner of a vessel for which this state is the 627

state of principal use shall deliver to the department an 628

application for a certificate of title for the vessel, with the 629

applicable fee, not later than 20 days after the later of: 630

(a) The date of a transfer of ownership. 631

(b) The date this state becomes the state of principal use. 632

(2) An application for a certificate of title is not 633

required for chapter, unless it is: 634

(a) A documented vessel; 635

(b) A foreign-documented vessel; 636

(c) A barge; 637

(d) A vessel before delivery if the vessel is under 638


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construction or completed pursuant to contract; 639

(e) A vessel held by a dealer for sale or lease; 640

(f) A vessel used solely for demonstration, testing, or 641

sales promotional purposes by the manufacturer or dealer; 642

(g)(a) A vessel operated, used, or stored exclusively on 643

private lakes and ponds; 644

(h)(b) A vessel owned by the United States Government; 645

(c) A non-motor-powered vessel less than 16 feet in length; 646

(d) A federally documented vessel; 647

(i)(e) A vessel already covered by a registration number in 648

full force and effect which was awarded to it pursuant to a 649

federally approved numbering system of another state or by the 650

United States Coast Guard in a state without a federally 651

approved numbering system, if the vessel is not located in this 652

state for a period in excess of 90 consecutive days; or 653

(j)(f) A vessel from a country other than the United States 654

temporarily used, operated, or stored on the waters of this 655

state for a period that is not in excess of 90 days; 656

(g) An amphibious vessel for which a vehicle title is 657

issued by the Department of Highway Safety and Motor Vehicles; 658

(h) A vessel used solely for demonstration, testing, or 659

sales promotional purposes by the manufacturer or dealer; or 660

(i) A vessel owned and operated by the state or a political 661

subdivision thereof. 662

(3) The department may not issue, transfer, or renew a 663

certificate of number for a vessel issued pursuant to the 664

requirements of 46 U.S.C. s. 12301, unless the department has 665

created a certificate of title for the vessel or an application 666

for a certificate for the vessel and the applicable fee have 667


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been delivered to the department. 668

(2) A person shall not operate, use, or store a vessel for 669

which a certificate of title is required unless the owner has 670

received from the Department of Highway Safety and Motor 671

Vehicles a valid certificate of title for such vessel. However, 672

such vessel may be operated, used, or stored for a period of up 673

to 180 days after the date of application for a certificate of 674

title while the application is pending. 675

(3) A person shall not sell, assign, or transfer a vessel 676

titled by the state without delivering to the purchaser or 677

transferee a valid certificate of title with an assignment on it 678

showing the transfer of title to the purchaser or transferee. A 679

person shall not purchase or otherwise acquire a vessel required 680

to be titled by the state without obtaining a certificate of 681

title for the vessel in his or her name. The purchaser or 682

transferee shall, within 30 days after a change in vessel 683

ownership, file an application for a title transfer with the 684

county tax collector. 685

(4) An additional $10 fee shall be charged against the 686

purchaser or transferee if he or she files a title transfer 687

application after the 20-day 30-day period. The county tax 688

collector shall be entitled to retain $5 of the additional 689

amount. 690

(5)(4) A certificate of title is prima facie evidence of 691

the accuracy of the information in the record that constitutes 692

the certificate and of the ownership of the vessel. A 693

certificate of title is good for the life of the vessel so long 694

as the certificate is owned or held by the legal holder. If a 695

titled vessel is destroyed or abandoned, the owner, with the 696


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consent of any recorded lienholders, must shall, within 30 days 697

after the destruction or abandonment, surrender to the 698

department for cancellation any and all title documents. If a 699

titled vessel is insured and the insurer has paid the owner for 700

the total loss of the vessel, the insurer shall obtain the title 701

to the vessel and, within 30 days after receiving the title, 702

forward the title to the department of Highway Safety and Motor 703

Vehicles for cancellation. The insurer may retain the 704

certificate of title when payment for the loss was made because 705

of the theft of the vessel. 706


shall provide labeled places on the title where the seller’s 708

price shall be indicated when a vessel is sold and where a 709

selling dealer shall record his or her valid sales tax 710

certificate of registration number. 711

(7)(6)(a) The department of Highway Safety and Motor 712

Vehicles shall charge a fee of $5.25 for issuing each 713

certificate of title. The tax collector shall be entitled to 714

retain $3.75 of the fee. 715

(b) Beginning July 1, 1996, The department of Highway 716

Safety and Motor Vehicles shall use security procedures, 717

processes, and materials in the preparation and issuance of each 718

certificate of title to prohibit, to the extent possible, a 719

person’s ability to alter, counterfeit, duplicate, or modify the 720

certificate. 721


shall charge a fee of $4 in addition to that charged in 723

subsection (7) (6) for each initial certificate of title issued 724

for a vessel previously registered outside this state. 725


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shall make regulations necessary and convenient to carry out the 727

provisions of this chapter. 728


read: 730

328.04 Content of certificate of title.— 731

(1) A certificate of title must contain: 732

(a) The date the certificate was created; 733

(b) The name of the owner of record and, if not all owners 734

are listed, an indication that there are additional owners 735

indicated in the files of the department; 736

(c) The mailing address of the owner of record; 737

(d) The hull identification number; 738

(e) The information listed in s. 328.01(2)(e); 739

(f) Except as otherwise provided in s. 328.12(2), the name 740

and mailing address of the secured party of record, if any, and 741

if not all secured parties are listed, an indication that there 742

are other security interests indicated in the files of the 743

department; and 744

(g) All title brands indicated in the files of the 745

department covering the vessel, including brands indicated on a 746

certificate created by a governmental agency of another 747

jurisdiction and delivered to the department. 748

(2) This part does not preclude the department from noting 749

on a certificate of title the name and mailing address of a 750

secured party who is not a secured party of record. 751

(3) For each title brand indicated on a certificate of 752

title, the certificate must identify the jurisdiction under 753

whose law the title brand was created or the jurisdiction that 754


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created the certificate on which the title brand was indicated. 755

If the meaning of a title brand is not easily ascertainable or 756

cannot be accommodated on the certificate, the certificate may 757

state: “Previously branded in (insert the jurisdiction under 758

whose law the title brand was created or whose certificate of 759

title previously indicated the title brand).” 760

(4) If the files of the department indicate that a vessel 761

was previously registered or titled in a foreign country, the 762

department shall indicate on the certificate of title that the 763

vessel was registered or titled in that country. 764

(5) A written certificate of title must contain a form that 765

all owners indicated on the certificate may sign to evidence 766

consent to a transfer of an ownership interest to another 767

person. The form must include a certification, signed under 768

penalty of perjury, that the statements made are true and 769

correct to the best of each owner’s knowledge, information, and 770

belief. 771

(6) A written certificate of title must contain a form for 772

the owner of record to indicate, in connection with a transfer 773

of an ownership interest, that the vessel is hull damaged. 774


read: 776

328.045 Title brands.— 777

(1) Unless subsection (3) applies, at or before the time 778

the owner of record transfers an ownership interest in a hull-779

damaged vessel that is covered by a certificate of title created 780

by the department, if the damage occurred while that person was 781

an owner of the vessel and the person has notice of the damage 782

at the time of the transfer, the owner shall: 783


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(a) Deliver to the department an application for a new 784

certificate that complies with s. 328.01 and includes the title 785

brand designation “Hull Damaged”; or 786

(b) Indicate on the certificate in the place designated for 787

that purpose that the vessel is hull damaged, and deliver the 788

certificate to the transferee. 789

(2) Not later than 20 days after delivery of the 790

application under paragraph (1)(a) or the certificate of title 791

under paragraph (1)(b), the department shall create a new 792

certificate that indicates that the vessel is branded “Hull 793

Damaged.” 794

(3) Before an insurer transfers an ownership interest in a 795

hull-damaged vessel that is covered by a certificate of title 796

created by the department, the insurer shall deliver to the 797

department an application for a new certificate that complies 798

with s. 328.01 and includes the title brand designation “Hull 799

Damaged.” Not later than 20 days after delivery of the 800

application to the department, the department shall create a new 801

certificate that indicates that the vessel is branded “Hull 802

Damaged.” 803

(4) An owner of record who fails to comply with subsection 804

(1), a person who solicits or colludes in a failure by an owner 805

of record to comply with subsection (1), or an insurer that 806

fails to comply with subsection (3) is subject to a civil 807

penalty of $1,000. 808


read: 810

328.055 Maintenance of and access to files.— 811

(1) For each record relating to a certificate of title 812


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submitted to the department, the department shall: 813

(a) Ascertain or assign the hull identification number for 814

the vessel; 815

(b) Maintain the hull identification number and all the 816

information submitted with the application pursuant to s. 817

328.01(2) to which the record relates, including the date and 818

time the record was delivered to the department; 819

(c) Maintain the files for public inspection subject to 820

subsection (5); and 821

(d) Index the files of the department as required by 822

subsection (2). 823

(2) The department shall maintain in its files the 824

information contained in all certificates of title created under 825

this part. The information in the files of the department must 826

be searchable by the hull identification number of the vessel, 827

the vessel number, the name of the owner of record, and any 828

other method used by the department. 829

(3) The department shall maintain in its files, for each 830

vessel for which it has created a certificate of title, all 831

title brands known to the department, the name of each secured 832

party known to the department, the name of each person known to 833

the department to be claiming an ownership interest, and all 834

stolen property reports the department has received. 835

(4) Upon request, for safety, security, or law enforcement 836

purposes, the department shall provide to federal, state, or 837

local government the information in its files relating to any 838

vessel for which the department has issued a certificate of 839

title. 840

(5) Except as otherwise provided by the laws of this state 841


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other than this part, the information required under s. 328.04 842

is a public record. 843


read: 845

328.06 Action required on creation of certificate of 846

title.— 847

(1) On creation of a written certificate of title, the 848

department shall promptly send the certificate to the secured 849

party of record or, if none, to the owner of record at the 850

address indicated for that person in the department’s files. On 851

creation of an electronic certificate of title, the department 852

shall promptly send a record evidencing the certificate to the 853

owner of record and, if there is one, to the secured party of 854

record at the address indicated for each person in the 855

department’s files. The department may send the record to the 856

person’s mailing address or, if indicated in the department’s 857

files, to an electronic address. 858

(2) If the department creates a written certificate of 859

title, any electronic certificate of title for the vessel is 860

canceled and replaced by the written certificate. The department 861

shall maintain in the department’s files the date and time of 862

cancellation. 863

(3) Before the department creates an electronic certificate 864

of title, any written certificate for the vessel must be 865

surrendered to the department. If the department creates an 866

electronic certificate, the department must destroy or otherwise 867

cancel the written certificate for the vessel which has been 868

surrendered to the department and maintain in the department’s 869

files the date and time of destruction or other cancellation. If 870


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a written certificate being canceled is not destroyed, the 871

department shall indicate on the face of the certificate that it 872

has been canceled. 873


to read: 875

328.065 Effect of possession of certificate of title; 876

judicial process.—Possession of a certificate of title does not 877

by itself provide a right to obtain possession of a vessel. 878

Garnishment, attachment, levy, replevin, or other judicial 879

process against the certificate is not effective to determine 880

possessory rights to the vessel. This part does not prohibit 881

enforcement under the laws of this state of a security interest 882

in, levy on, or foreclosure of a statutory or common-law lien on 883

a vessel. Absence of an indication of a statutory or common-law 884

lien on a certificate does not invalidate the lien. 885


read: 887

(Substantial rewording of section. See 888

s. 328.09, F.S., for present text.) 889

328.09 Refusal to issue and authority to cancel a 890

certificate of title or registration.— 891

(1) Unless an application for a certificate of title is 892

rejected under subsection (3) or subsection (4), the department 893

shall create a certificate for the vessel in accordance with 894

subsection (2) not later than 20 days after delivery to the 895

department of an application that complies with s. 328.01. 896

(2) If the department creates electronic certificates of 897

title, the department shall create an electronic certificate 898

unless in the application the secured party of record or, if 899


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none, the owner of record requests that the department create a 900

written certificate. 901

(3) Except as otherwise provided in subsection (4), the 902

department may reject an application for a certificate of title 903

only if: 904

(a) The application does not comply with s. 328.01; 905

(b) The application does not contain documentation 906

sufficient for the department to determine whether the applicant 907

is entitled to a certificate; 908

(c) There is a reasonable basis for concluding that the 909

application is fraudulent or that issuance of a certificate 910

would facilitate a fraudulent or illegal act; or 911

(d) The application does not comply with the laws of this 912

state other than this part. 913

(4) The department shall reject an application for a 914

certificate of title for a vessel that is a documented vessel or 915

a foreign-documented vessel. 916

(5) The department may cancel a certificate of title it 917

created only if the department: 918

(a) Could have rejected the application for the certificate 919

under subsection (3); 920

(b) Is required to cancel the certificate under another 921

provision of this part; or 922

(c) Receives satisfactory evidence that the vessel is a 923

documented vessel or a foreign-documented vessel. 924

(6) The department shall provide an opportunity for a 925

hearing pursuant to ss. 120.569 and 120.57 at which the owner 926

and any other interested party may present evidence in support 927

of or opposition to cancellation of a certificate of title. 928


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to read: 930

328.101 Effect of missing or incorrect information.—Except 931

as otherwise provided in s. 679.337, a certificate of title or 932

other record required or authorized by this part is effective 933

even if it contains incorrect information or does not contain 934

required information. 935


read: 937

328.11 Duplicate certificate of title.— 938

(1) If a written certificate of title is lost, stolen, 939

mutilated, destroyed, or otherwise becomes unavailable or 940

illegible, the secured party of record or, if no secured party 941

is indicated in the department’s files, the owner of record may 942

apply for and, by furnishing information satisfactory to the 943

department, obtain a duplicate certificate in the name of the 944

owner of record. 945

(2) An applicant for a duplicate certificate of title shall 946

sign the application, and, except as otherwise permitted by the 947

department, the application must comply with s. 328.01. The 948

application must include the existing certificate unless the 949

certificate is lost, stolen, mutilated, destroyed, or otherwise 950

unavailable. 951

(3) A duplicate certificate of title created by the 952

department must comply with s. 328.04 and indicate on the face 953

of the certificate that it is a duplicate certificate. 954

(4) If a person receiving a duplicate certificate of title 955

subsequently obtains possession of the original written 956

certificate, the person shall promptly destroy the original 957


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(5)(1) The Department of Highway Safety and Motor Vehicles 959

may issue a duplicate certificate of title upon application by 960

the person entitled to hold such a certificate if the department 961

is satisfied that the original certificate has been lost, 962

destroyed, or mutilated. The department shall charge a fee of $6 963

for issuing a duplicate certificate. 964

(6)(2) In addition to the fee imposed by subsection (5) 965

(1), the department of Highway Safety and Motor Vehicles shall 966

charge a fee of $5 for expedited service in issuing a duplicate 967

certificate of title. Application for such expedited service may 968

be made by mail or in person. The department shall issue each 969

certificate of title applied for under this subsection within 5 970

working days after receipt of a proper application or shall 971

refund the additional $5 fee upon written request by the 972

applicant. 973

(3) If, following the issuance of an original, duplicate, 974

or corrected certificate of title by the department, the 975

certificate is lost in transit and is not delivered to the 976

addressee, the owner of the vessel or the holder of a lien 977

thereon may, within 180 days after the date of issuance of the 978

title, apply to the department for reissuance of the certificate 979

of title. An additional fee may not be charged for reissuance 980

under this subsection. 981

(7)(4) The department shall implement a system to verify 982

that the application is signed by a person authorized to receive 983

a duplicate title certificate under this section if the address 984

shown on the application is different from the address shown for 985

the applicant on the records of the department. 986


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read: 988

328.12 Perfection of security interest.— 989

(1) Except as otherwise provided in this section, a 990

security interest in a vessel may be perfected only by delivery 991

to the department of an application for a certificate of title 992

which identifies the secured party and otherwise complies with 993

s. 328.01. The security interest is perfected on the later of 994

delivery to the department of the application and the applicable 995

fee or attachment of the security interest under s. 679.2031. 996

(2) If the interest of a person named as owner, lessor, 997

consignor, or bailor in an application for a certificate of 998

title delivered to the department is a security interest, the 999

application sufficiently identifies the person as a secured 1000

party. Identification on the application for a certificate of a 1001

person as owner, lessor, consignor, or bailor is not by itself a 1002

factor in determining whether the person’s interest is a 1003

security interest. 1004

(3) If the department has created a certificate of title 1005

for a vessel, a security interest in the vessel may be perfected 1006

by delivery to the department of an application, on a form the 1007

department may require, to have the security interest added to 1008

the certificate. The application must be signed by an owner of 1009

the vessel or by the secured party and must include: 1010

(a) The name of the owner of record; 1011

(b) The name and mailing address of the secured party; 1012

(c) The hull identification number for the vessel; and 1013

(d) If the department has created a written certificate of 1014

title for the vessel, the certificate. 1015


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(4) A security interest perfected under subsection (3) is 1016

perfected on the later of delivery to the department of the 1017

application and all applicable fees or attachment of the 1018

security interest under s. 679.2031. 1019

(5) Upon delivery of an application that complies with 1020

subsection (3) and payment of all applicable fees, the 1021

department shall create a new certificate of title pursuant to 1022

s. 328.09 and deliver the new certificate or a record evidencing 1023

an electronic certificate pursuant to s. 328.06. The department 1024

shall maintain in the department’s files the date and time of 1025

delivery of the application to the department. 1026

(6) If a secured party assigns a perfected security 1027

interest in a vessel, the receipt by the department of a 1028

statement providing the name of the assignee as secured party is 1029

not required to continue the perfected status of the security 1030

interest against creditors of and transferees from the original 1031

debtor. A purchaser of a vessel subject to a security interest 1032

who obtains a release from the secured party indicated in the 1033

files of the department or on the certificate takes free of the 1034

security interest and of the rights of a transferee unless the 1035

transfer is indicated in the files of the department or on the 1036

certificate. 1037

(7) This section does not apply to a security interest: 1038

(a) Created in a vessel by a person during any period in 1039

which the vessel is inventory held for sale or lease by the 1040

person or is leased by the person as lessor if the person is in 1041

the business of selling vessels; 1042

(b) In a barge for which no application for a certificate 1043

of title has been delivered to the department; or 1044


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(c) In a vessel before delivery if the vessel is under 1045

construction, or completed, pursuant to contract and for which 1046

no application for a certificate has been delivered to the 1047

department. 1048

(8) This subsection applies if a certificate of 1049

documentation for a documented vessel is deleted or canceled. If 1050

a security interest in the vessel was valid immediately before 1051

deletion or cancellation against a third party as a result of 1052

compliance with 46 U.S.C. s. 31321, the security interest is and 1053

remains perfected until the earlier of 4 months after 1054

cancellation of the certificate or the time the security 1055

interest becomes perfected under this part. 1056

(9) A security interest in a vessel arising under s. 1057

672.401, s. 672.505, s. 672.711(3), or s. 680.508(5) is 1058

perfected when it attaches, but becomes unperfected when the 1059

debtor obtains possession of the vessel, unless the security 1060

interest is perfected pursuant to subsection (1) or subsection 1061

(3) before the debtor obtains possession. 1062

(10) A security interest in a vessel as proceeds of other 1063

collateral is perfected to the extent provided in s. 679.3151. 1064

(11) A security interest in a vessel perfected under the 1065

law of another jurisdiction is perfected to the extent provided 1066

in s. 679.3161(4). 1067

(12) The department shall adopt rules to administer this 1068

section. 1069


to read: 1071

328.125 Termination statement.— 1072

(1) A secured party indicated in the department’s files as 1073


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having a security interest in a vessel shall deliver a 1074

termination statement to the department and, on the debtor’s 1075

request, to the debtor, by the earlier of: 1076

(a) Twenty days after the secured party receives a signed 1077

demand from an owner for a termination statement and there is no 1078

obligation secured by the vessel subject to the security 1079

interest and no commitment to make an advance, incur an 1080

obligation, or otherwise give value secured by the vessel; or 1081

(b) If the vessel is consumer goods, 30 days after there is 1082

no obligation secured by the vessel and no commitment to make an 1083

advance, incur an obligation, or otherwise give value secured by 1084

the vessel. 1085

(2) If a written certificate of title has been created and 1086

delivered to a secured party and a termination statement is 1087

required under subsection (1), the secured party, not later than 1088

the date required by subsection (1), shall deliver the 1089

certificate to the debtor or to the department with the 1090

statement. If the certificate is lost, stolen, mutilated, 1091

destroyed, or is otherwise unavailable or illegible, the secured 1092

party shall deliver with the statement, not later than the date 1093

required by subsection (1), an application for a duplicate 1094

certificate which meets the requirements of s. 328.11. 1095

(3) Upon delivery to the department of a termination 1096

statement authorized by the secured party, the security interest 1097

to which the statement relates ceases to be perfected. If the 1098

security interest to which the statement relates is indicated on 1099

the certificate of title, the department shall create a new 1100

certificate and deliver the new certificate or a record 1101

evidencing an electronic certificate. The department shall 1102


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maintain in its files the date and time of delivery to the 1103

department of the statement. 1104

(4) A secured party who fails to comply with this section 1105

is liable for any loss that the secured party had reason to know 1106

might result from its failure to comply and which could not 1107

reasonably have been prevented and for the cost of an 1108

application for a certificate of title under s. 328.01 or s. 1109

328.11. 1110


read: 1112

328.14 Rights of purchaser other than secured party.— 1113

(1) A buyer in ordinary course of business has the 1114

protections afforded by ss. 672.403(2) and 679.320(1), even if 1115

an existing certificate of title was not signed and delivered to 1116

the buyer or a new certificate listing the buyer as owner of 1117

record was not created. 1118

(2) Except as otherwise provided in ss. 328.145 and 328.22, 1119

the rights of a purchaser of a vessel who is not a buyer in 1120

ordinary course of business or a lien creditor are governed by 1121

the Uniform Commercial Code. 1122


to read: 1124

328.145 Rights of secured party.— 1125

(1) Subject to subsection (2), the effect of perfection and 1126

nonperfection of a security interest and the priority of a 1127

perfected or unperfected security interest with respect to the 1128

rights of a purchaser or creditor, including a lien creditor, is 1129

governed by the Uniform Commercial Code. 1130

(2) If, while a security interest in a vessel is perfected 1131


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by any method under this part, the department creates a 1132

certificate of title that does not indicate that the vessel is 1133

subject to the security interest or contain a statement that it 1134

may be subject to security interests not indicated on the 1135

certificate: 1136

(a) A buyer of the vessel, other than a person in the 1137

business of selling or leasing vessels of that kind, takes free 1138

of the security interest if the buyer, acting in good faith and 1139

without knowledge of the security interest, gives value and 1140

receives possession of the vessel; and 1141

(b) The security interest is subordinate to a conflicting 1142

security interest in the vessel that is perfected under s. 1143

328.12 after creation of the certificate and without the 1144

conflicting secured party’s knowledge of the security interest. 1145


read: 1147

328.15 Notice of lien on vessel; recording.— 1148

(1) No lien for purchase money or as security for a debt in 1149

the form of retain title contract, conditional bill of sale, 1150

chattel mortgage, or otherwise on a vessel shall be enforceable 1151

in any of the courts of this state against creditors or 1152

subsequent purchasers for a valuable consideration and without 1153

notice unless a sworn notice of such lien is recorded. The lien 1154

certificate shall contain the following information: 1155

(a) Name and address of the registered owner; 1156

(b) Date of lien; 1157

(c) Description of the vessel to include make, type, motor 1158

and serial number; and 1159

(d) Name and address of lienholder. 1160


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1161

The lien shall be recorded by the Department of Highway Safety 1162

and Motor Vehicles and shall be effective as constructive notice 1163

when filed. The date of filing of the notice of lien is the date 1164

of its receipt by the department’s central office in 1165

Tallahassee, if first filed there, or otherwise by the office of 1166

a county tax collector or of the tax collector’s agent. 1167

(2)(a) The Department of Highway Safety and Motor Vehicles 1168

shall not enter any lien upon its lien records, whether it is a 1169

first lien or a subordinate lien, unless the official 1170

certificate of title issued for the vessel is furnished with the 1171

notice of lien, so that the record of lien, whether original or 1172

subordinate, may be noted upon the face thereof. After the 1173

department records the lien, it shall send the certificate of 1174

title to the holder of the first lien who shall hold such 1175

certificate until the lien is satisfied in full. 1176

(b) When a vessel is registered in the names of two or more 1177

persons as coowners in the alternative by the use of the word 1178

“or,” whether or not the coowners are husband and wife, each 1179

coowner is considered to have granted to any other coowner the 1180

absolute right to place a lien or encumbrance on the vessel, and 1181

the signature of one coowner constitutes proper execution of the 1182

notice of lien. When a vessel is registered in the names of two 1183

or more persons as coowners in the conjunctive by the use of the 1184

word “and,” the signature of each coowner is required in order 1185

to place a lien or encumbrance on the vessel. 1186

(c) If the owner of the vessel as shown on the title 1187

certificate or the director of the state child support 1188

enforcement program desires to place a second or subsequent lien 1189


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or encumbrance against the vessel when the title certificate is 1190

in the possession of the first lienholder, the owner shall send 1191

a written request to the first lienholder by certified mail and 1192

such first lienholder shall forward the certificate to the 1193

department for endorsement. The department shall return the 1194

certificate to the first lienholder, as indicated in the notice 1195

of lien filed by the first lienholder, after endorsing the 1196

second or subsequent lien on the certificate and on the 1197

duplicate. If the first lienholder fails, neglects, or refuses 1198

to forward the certificate of title to the department within 10 1199

days after the date of the owner’s or the director’s request, 1200

the department, on written request of the subsequent lienholder 1201

or an assignee thereof, shall demand of the first lienholder the 1202

return of such certificate for the notation of the second or 1203

subsequent lien or encumbrance. 1204

(1)(3) Upon the payment of a any such lien, the debtor or 1205

the registered owner of the motorboat shall be entitled to 1206

demand and receive from the lienholder a satisfaction of the 1207

lien which shall likewise be filed with the Department of 1208

Highway Safety and Motor Vehicles. 1209


under precautionary rules and regulations to be promulgated by 1211

it may permit the use, in substitution of the formal 1212

satisfaction of lien, of other methods of satisfaction, such as 1213

perforation, appropriate stamp, or otherwise, as it deems 1214

reasonable and adequate. 1215

(3)(5)(a) The Department of Highway Safety and Motor 1216

Vehicles shall adopt rules to administer this section. The 1217

department may by rule require that a notice of satisfaction of 1218


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a lien be notarized. The department shall prepare the forms of 1219

the notice of lien and the satisfaction of lien to be supplied, 1220

at a charge not to exceed 50 percent more than cost, to 1221

applicants for recording the liens or satisfactions and shall 1222

keep a record of such notices of lien and satisfactions 1223

available for inspection by the public at all reasonable times. 1224

The division may furnish certified copies of such satisfactions 1225

for a fee of $1, which are admissible in evidence in all courts 1226

of this state under the same conditions and to the same effect 1227

as certified copies of other public records. 1228

(b) The department shall establish and administer an 1229

electronic titling program that requires the recording of vessel 1230

title information for new, transferred, and corrected 1231

certificates of title. Lienholders shall electronically transmit 1232

liens and lien satisfactions to the department in a format 1233

determined by the department. Individuals and lienholders who 1234

the department determines are not normally engaged in the 1235

business or practice of financing vessels are not required to 1236

participate in the electronic titling program. 1237

(6) The Department of Highway Safety and Motor Vehicles is 1238

entitled to a fee of $1 for the recording of each notice of 1239

lien. No fee shall be charged for recording the satisfaction of 1240

a lien. All of the fees collected shall be paid into the Marine 1241

Resources Conservation Trust Fund. 1242

(4)(7)(a) Should any person, firm, or corporation holding 1243

such lien, which has been recorded by the Department of Highway 1244

Safety and Motor Vehicles, upon payment of such lien and on 1245

demand, fail or refuse, within 30 days after such payment and 1246

demand, to furnish the debtor or the registered owner of such 1247


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vessel a satisfaction of the lien, then, in that event, such 1248

person, firm, or corporation shall be held liable for all costs, 1249

damages, and expenses, including reasonable attorney attorney’s 1250

fees, lawfully incurred by the debtor or the registered owner of 1251

such vessel in any suit which may be brought in the courts of 1252

this state for the cancellation of such lien. 1253

(b) Following satisfaction of a lien, the lienholder shall 1254

enter a satisfaction thereof in the space provided on the face 1255

of the certificate of title. If there are no subsequent liens 1256

shown thereon, the certificate shall be delivered by the 1257

lienholder to the person satisfying the lien or encumbrance and 1258

an executed satisfaction on a form provided by the department 1259

shall be forwarded to the department by the lienholder within 10 1260

days after satisfaction of the lien. 1261

(c) If the certificate of title shows a subsequent lien not 1262

then being discharged, an executed satisfaction of the first 1263

lien shall be delivered by the lienholder to the person 1264

satisfying the lien and the certificate of title showing 1265

satisfaction of the first lien shall be forwarded by the 1266

lienholder to the department within 10 days after satisfaction 1267

of the lien. 1268

(d) If, upon receipt of a title certificate showing 1269

satisfaction of the first lien, the department determines from 1270

its records that there are no subsequent liens or encumbrances 1271

upon the vessel, the department shall forward to the owner, as 1272

shown on the face of the title, a corrected certificate showing 1273

no liens or encumbrances. If there is a subsequent lien not 1274

being discharged, the certificate of title shall be reissued 1275

showing the second or subsequent lienholder as the first 1276


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lienholder and shall be delivered to the new first lienholder. 1277

The first lienholder shall be entitled to retain the certificate 1278

of title until his or her lien is satisfied. Upon satisfaction 1279

of the lien, the lienholder shall be subject to the procedures 1280

required of a first lienholder in this subsection and in 1281

subsection (2). 1282

(5)(8) When the original certificate of title cannot be 1283

returned to the department by the lienholder and evidence 1284

satisfactory to the department is produced that all liens or 1285

encumbrances have been satisfied, upon application by the owner 1286

for a duplicate copy of the certificate of title, upon the form 1287

prescribed by the department, accompanied by the fee prescribed 1288

in this chapter, a duplicate copy of the certificate of title 1289

without statement of liens or encumbrances shall be issued by 1290

the department and delivered to the owner. 1291

(6)(9) Any person who fails, within 10 days after receipt 1292

of a demand by the department by certified mail, to return a 1293

certificate of title to the department as required by paragraph 1294

(2)(c) or who, upon satisfaction of a lien, fails within 10 days 1295

after receipt of such demand to forward the appropriate document 1296

to the department as required by paragraph (4)(b) (7)(b) or 1297

paragraph (4)(c) (7)(c) commits a misdemeanor of the second 1298

degree, punishable as provided in s. 775.082 or s. 775.083. 1299

(7)(10) The department shall use the last known address as 1300

shown by its records when sending any notice required by this 1301

section. 1302

(8)(11) If the original lienholder sells and assigns his or 1303

her lien to some other person, and if the assignee desires to 1304

have his or her name substituted on the certificate of title as 1305


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the holder of the lien, he or she may, after delivering the 1306

original certificate of title to the department and providing a 1307

sworn statement of the assignment, have his or her name 1308

substituted as a lienholder. Upon substitution of the assignee’s 1309

name as lienholder, the department shall deliver the certificate 1310

of title to the assignee as the first lienholder. 1311

(9) Subsections (1), (2), and (4)-(8) shall expire on 1312

October 1, 2022. 1313


read: 1315

328.16 Issuance in duplicate; delivery; liens, security 1316

interests, and encumbrances.— 1317

(1) The department shall assign a number to each 1318

certificate of title and shall issue each certificate of title 1319

and each corrected certificate in duplicate. The database record 1320

shall serve as the duplicate title certificate. 1321

(2) An authorized person must sign the original certificate 1322

of title and each corrected certificate and, if there are no 1323

liens, security interests, or encumbrances on the vessel, as 1324

shown in the records of the department or as shown in the 1325

application, must deliver the certificate to the applicant or to 1326

another person as directed by the applicant or person, agent, or 1327

attorney submitting the application. If there are one or more 1328

liens, security interests, or encumbrances on the vessel, the 1329

department must deliver the certificate to the first lienholder 1330

or secured party as shown by department records. The department 1331

shall deliver to the first lienholder or secured party, along 1332

with the certificate, a form to be subsequently used by the 1333

lienholder or secured party as a satisfaction. If the 1334


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application for certificate of title shows the name of a first 1335

lienholder or secured party which is different from the name of 1336

the first lienholder or secured party as shown by the records of 1337

the department, the certificate shall not be issued to any 1338

person until after the department notifies all parties who 1339

appear to hold a lien or a security interest and the applicant 1340

for the certificate, in writing by certified mail. If the 1341

parties do not amicably resolve the conflict within 10 days 1342

after the date the notice was mailed, the department shall serve 1343

notice in writing by certified mail on all persons that appear 1344

to hold liens or security interests on that particular vessel, 1345

including the applicant for the certificate, to show cause 1346

within 15 days after the date the notice is mailed why it should 1347

not issue and deliver the certificate to the secured party of 1348

record or person indicated in the notice of lien filed by the 1349

lienholder whose name appears in the application as the first 1350

lienholder without showing any lien or liens as outstanding 1351

other than those appearing in the application or those filed 1352

subsequent to the filing of the application for the certificate 1353

of title. If, within the 15-day period, any person other than 1354

the lienholder or secured party of record shown in the 1355

application or a party filing a subsequent lien or security 1356

interest, in answer to the notice to show cause, appears in 1357

person or by a representative, or responds in writing, and files 1358

a written statement under oath that his or her lien or security 1359

interest on that particular vessel is still outstanding, the 1360

department shall not issue the certificate to anyone until after 1361

the conflict has been settled by the lien or security interest 1362

claimants involved or by a court of competent jurisdiction. If 1363


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the conflict is not settled amicably within 10 days after the 1364

final date for filing an answer to the notice to show cause, the 1365

complaining party shall have 10 days to obtain a ruling, or a 1366

stay order, from a court of competent jurisdiction. If a ruling 1367

or stay order is not issued and served on the department within 1368

the 10-day period, the department shall issue the certificate 1369

showing no liens or security interests, except those shown in 1370

the application or thereafter filed, to the original applicant 1371

if there are no liens or security interests shown in the 1372

application and none are thereafter filed, or to the person 1373

indicated as the secured party of record or in the notice of 1374

lien filed by the lienholder whose name appears in the 1375

application as the first lienholder if there are liens shown in 1376

the application or thereafter filed. A duplicate certificate or 1377

corrected certificate must show only such security interest or 1378

interests or lien or liens as were shown in the application and 1379

subsequently filed liens or security interests that may be 1380

outstanding. 1381

(3) Except as provided in s. 328.15(11), The certificate of 1382

title shall be retained by the first lienholder or secured party 1383

of record. The first lienholder or secured party of record is 1384

entitled to retain the certificate until the first lien or 1385

security interest is satisfied. 1386

(4) Notwithstanding any requirements in this section or in 1387

s. 328.15 indicating that a lien or security interest on a 1388

vessel shall be noted on the face of the Florida certificate of 1389

title, if there are one or more liens, security interests, or 1390

encumbrances on a vessel, the department shall electronically 1391

transmit the lien or security interest to the first lienholder 1392


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or secured party and notify the first lienholder or secured 1393

party of any additional liens or security interests. Subsequent 1394

lien or security interest satisfactions shall be electronically 1395

transmitted to the department and must include the name and 1396

address of the person or entity satisfying the lien or security 1397

interest. When electronic transmission of liens or security 1398

interest and lien satisfactions or security interest are used, 1399

the issuance of a certificate of title may be waived until the 1400

last lien or security interest is satisfied and a clear 1401

certificate of title is issued to the owner of the vessel. 1402

(5) The owner of a vessel, upon which a lien or security 1403

interest has been filed with the department or noted upon a 1404

certificate of title for a period of 5 years, may apply to the 1405

department in writing for such lien or security interest to be 1406

removed from the department files or from the certificate of 1407

title. The application must be accompanied by evidence 1408

satisfactory to the department that the applicant has notified 1409

the lienholder or secured party by certified mail, not less than 1410

20 days before prior to the date of the application, of his or 1411

her intention to apply to the department for removal of the lien 1412

or security interest. Ten days after receipt of the application, 1413

the department may remove the lien or security interest from its 1414

files or from the certificate of title, as the case may be, if 1415

no statement in writing protesting removal of the lien or 1416

security interest is received by the department from the 1417

lienholder or secured party within the 10-day period. However, 1418

if the lienholder or secured party files with the department, 1419

within the 10-day period, a written statement that the lien or 1420

security interest is still outstanding, the department may not 1421


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remove the lien or security interest until the lienholder or 1422

secured party presents a satisfaction of lien or satisfaction of 1423

security interest to the department. 1424



328.165 Cancellation of certificates.— 1427

(1) If it appears that a certificate of title has been 1428

improperly issued, the department shall cancel the certificate. 1429

Upon cancellation of any certificate of title, the department 1430

shall notify the person to whom the certificate of title was 1431

issued, and any lienholders or secured parties appearing 1432

thereon, of the cancellation and shall demand the surrender of 1433

the certificate of title; however, the cancellation does not 1434

affect the validity of any lien or security interest noted 1435

thereon. The holder of the certificate of title shall 1436

immediately return it to the department. If a certificate of 1437

registration has been issued to the holder of a certificate of 1438

title so canceled, the department shall immediately cancel the 1439

certificate of registration and demand the return of the 1440

certificate of registration, and the holder of such certificate 1441

of registration shall immediately return it to the department. 1442


to read: 1444

328.215 Application for transfer of ownership or 1445

termination of security interest without certificate of title.— 1446

(1) Except as otherwise provided in s. 328.23 or s. 328.24, 1447

if the department receives, unaccompanied by a signed 1448

certificate of title, an application for a new certificate that 1449

includes an indication of a transfer of ownership or a 1450


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termination statement, the department may create a new 1451

certificate under this section only if: 1452

(a) All other requirements under ss. 328.01 and 328.09 are 1453

met; 1454

(b) The applicant provides an affidavit stating facts 1455

showing the applicant is entitled to a transfer of ownership or 1456

termination statement; 1457

(c) The applicant provides the department with satisfactory 1458

evidence that notification of the application has been sent to 1459

the owner of record and all persons indicated in the 1460

department’s files as having an interest, including a security 1461

interest, in the vessel; at least 45 days have passed since the 1462

notification was sent; and the department has not received an 1463

objection from any of those persons; and 1464

(d) The applicant submits any other information required by 1465

the department as evidence of the applicant’s ownership or right 1466

to terminate the security interest, and the department has no 1467

credible information indicating theft, fraud, or an undisclosed 1468

or unsatisfied security interest, lien, or other claim to an 1469

interest in the vessel. 1470

(2) The department may indicate in a certificate of title 1471

created under subsection (1) that the certificate was created 1472

without submission of a signed certificate or termination 1473

statement. Unless credible information indicating theft, fraud, 1474

or an undisclosed or unsatisfied security interest, lien, or 1475

other claim to an interest in the vessel is delivered to the 1476

department not later than 1 year after creation of the 1477

certificate, on request in a form and manner required by the 1478

department, the department shall remove the indication from the 1479


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certificate. 1480

(3) Unless the department determines that the value of a 1481

vessel is less than $5,000, before the department creates a 1482

certificate of title under subsection (1), the department may 1483

require the applicant to post a bond or provide an equivalent 1484

source of indemnity or security. The bond, indemnity, or other 1485

security may not exceed twice the value of the vessel as 1486

determined by the department. The bond, indemnity, or other 1487

security must be in a form required by the department and 1488

provide for indemnification of any owner, purchaser, or other 1489

claimant for any expense, loss, delay, or damage, including 1490

reasonable attorney fees and costs, but not including incidental 1491

or consequential damages, resulting from creation or amendment 1492

of the certificate. 1493

(4) Unless the department receives a claim for indemnity 1494

not later than 1 year after creation of a certificate of title 1495

under subsection (1), on request in a form and manner required 1496

by the department, the department shall release any bond, 1497

indemnity, or other security. 1498


read: 1500

328.22 Transfer of ownership.— 1501

(1) On voluntary transfer of an ownership interest in a 1502

vessel covered by a certificate of title, the following rules 1503

apply: 1504

(a) If the certificate is a written certificate of title 1505

and the transferor’s interest is noted on the certificate, the 1506

transferor shall promptly sign the certificate and deliver it to 1507

the transferee. If the transferor does not have possession of 1508


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the certificate, the person in possession of the certificate has 1509

a duty to facilitate the transferor’s compliance with this 1510

paragraph. A secured party does not have a duty to facilitate 1511

the transferor’s compliance with this paragraph if the proposed 1512

transfer is prohibited by the security agreement. 1513

(b) If the certificate of title is an electronic 1514

certificate of title, the transferor shall promptly sign and 1515

deliver to the transferee a record evidencing the transfer of 1516

ownership to the transferee. 1517

(c) The transferee has a right enforceable by specific 1518

performance to require the transferor to comply with paragraph 1519

(a) or paragraph (b). 1520

(2) The creation of a certificate of title identifying the 1521

transferee as owner of record satisfies subsection (1). 1522

(3) A failure to comply with subsection (1) or to apply for 1523

a new certificate of title does not render a transfer of 1524

ownership of a vessel ineffective between the parties. Except as 1525

otherwise provided in s. 328.101, s. 328.14(1), s. 328.145, or 1526

s. 328.23, a transfer of ownership without compliance with 1527

subsection (1) is not effective against another person claiming 1528

an interest in the vessel. 1529

(4) A transferor that complies with subsection (1) is not 1530

liable as owner of the vessel for an event occurring after the 1531

transfer, regardless of whether the transferee applies for a new 1532



read: 1535

328.23 Transfer of ownership by secured party’s transfer 1536

statement.— 1537


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(1) In this section, “secured party’s transfer statement” 1538

means a record signed by the secured party of record stating: 1539

(a) That there has been a default on an obligation secured 1540

by the vessel; 1541

(b) That the secured party of record is exercising or has 1542

exercised post-default remedies with respect to the vessel; 1543

(c) That by reason of the exercise, the secured party of 1544

record has the right to transfer the ownership interest of an 1545

owner, and the name of the owner; 1546

(d) The name and last known mailing address of the owner of 1547

record and the secured party of record; 1548

(e) The name of the transferee; 1549

(f) Other information required by s. 328.01(2); and 1550

(g) One of the following: 1551

1. The certificate of title is an electronic certificate. 1552

2. The secured party does not have possession of the 1553

written certificate of title created in the name of the owner of 1554

record. 1555

3. The secured party is delivering the written certificate 1556

of title to the department with the secured party’s transfer 1557

statement. 1558

(2) Unless the department rejects a secured party’s 1559

transfer statement for a reason stated in s. 328.09(3), not 1560

later than 20 days after delivery to the department of the 1561

statement and payment of fees and taxes payable under the laws 1562

of this state other than this part in connection with the 1563

statement or the acquisition or use of the vessel, the 1564

department shall: 1565

(a) Accept the statement; 1566


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(b) Amend the files of the department to reflect the 1567

transfer; and 1568

(c) If the name of the owner whose ownership interest is 1569

being transferred is indicated on the certificate of title: 1570

1. Cancel the certificate even if the certificate has not 1571

been delivered to the department; 1572

2. Create a new certificate indicating the transferee as 1573

owner; and 1574

3. Deliver the new certificate or a record evidencing an 1575

electronic certificate. 1576

(3) An application under subsection (1) or the creation of 1577

a certificate of title under subsection (2) is not by itself a 1578

disposition of the vessel and does not by itself relieve the 1579

secured party of its duties under chapter 679. 1580


read: 1582

328.24 Transfer by operation of law.— 1583

(1) In this section, “by operation of law” means pursuant 1584

to a law or judicial order affecting ownership of a vessel: 1585

(a) Because of death, divorce, or other family law 1586

proceeding, merger, consolidation, dissolution, or bankruptcy; 1587

(b) Through the exercise of the rights of a lien creditor 1588

or a person having a lien created by statute or rule of law; or 1589

(c) Through other legal process. 1590

(2) A transfer-by-law statement must contain: 1591

(a) The name and last known mailing address of the owner of 1592

record and the transferee and the other information required by 1593

s. 328.01; 1594

(b) Documentation sufficient to establish the transferee’s 1595


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ownership interest or right to acquire the ownership interest; 1596

(c) A statement that: 1597

1. The certificate of title is an electronic certificate of 1598

title; 1599

2. The transferee does not have possession of the written 1600

certificate of title created in the name of the owner of record; 1601

or 1602

3. The transferee is delivering the written certificate to 1603

the department with the transfer-by-law statement; and 1604

(d) Except for a transfer described in paragraph (1)(a), 1605

evidence that notification of the transfer and the intent to 1606

file the transfer-by-law statement has been sent to all persons 1607

indicated in the department’s files as having an interest, 1608

including a security interest, in the vessel. 1609

(3) Unless the department rejects a transfer-by-law 1610

statement for a reason stated in s. 328.09(3) or because the 1611

statement does not include documentation satisfactory to the 1612

department as to the transferee’s ownership interest or right to 1613

acquire the ownership interest, not later than 20 days after 1614

delivery to the department of the statement and payment of fees 1615

and taxes payable under the law of this state other than this 1616

part in connection with the statement or with the acquisition or 1617

use of the vessel, the department shall: 1618



transfer; and 1621





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owner; 1627

3. Indicate on the new certificate any security interest 1628

indicated on the canceled certificate, unless a court order 1629

provides otherwise; and 1630



(4) This section does not apply to a transfer of an 1633

interest in a vessel by a secured party under part VI of chapter 1634

679. 1635


read: 1637

328.25 Supplemental principles of law and equity.—Unless 1638

displaced by a provision of this part, the principles of law and 1639

equity supplement its provisions. 1640

Section 27. Section 409.2575, Florida Statutes, is amended 1641

to read: 1642

409.2575 Liens on motor vehicles and vessels.— 1643

(1) The director of the state IV-D program, or the 1644

director’s designee, may cause a lien for unpaid and delinquent 1645

support to be placed upon motor vehicles, as defined in chapter 1646

320, and upon vessels, as defined in chapter 327, that are 1647

registered in the name of an obligor who is delinquent in 1648

support payments, if the title to the property is held by a 1649

lienholder, in the manner provided in chapter 319 or, if 1650

applicable in accordance with s. 328.15(9), chapter 328. Notice 1651

of lien may shall not be mailed unless the delinquency in 1652

support exceeds $600. 1653


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(2) If the first lienholder fails, neglects, or refuses to 1654

forward the certificate of title to the appropriate department 1655

as requested pursuant to s. 319.24 or, if applicable in 1656

accordance with s. 328.15(9), s. 328.15, the director of the IV-1657

D program, or the director’s designee, may apply to the circuit 1658

court for an order to enforce the requirements of s. 319.24 or 1659

s. 328.15, whichever applies. 1660



705.103 Procedure for abandoned or lost property.— 1663

(2) Whenever a law enforcement officer ascertains that an 1664

article of lost or abandoned property is present on public 1665

property and is of such nature that it cannot be easily removed, 1666

the officer shall cause a notice to be placed upon such article 1667

in substantially the following form: 1668

1669

NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 1670

PROPERTY. This property, to wit: ...(setting forth brief 1671

description)... is unlawfully upon public property known as 1672

...(setting forth brief description of location)... and must be 1673

removed within 5 days; otherwise, it will be removed and 1674

disposed of pursuant to chapter 705, Florida Statutes. The owner 1675

will be liable for the costs of removal, storage, and 1676

publication of notice. Dated this: ...(setting forth the date of 1677

posting of notice)..., signed: ...(setting forth name, title, 1678

address, and telephone number of law enforcement officer).... 1679

1680

Such notice shall be not less than 8 inches by 10 inches and 1681

shall be sufficiently weatherproof to withstand normal exposure 1682


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to the elements. In addition to posting, the law enforcement 1683

officer shall make a reasonable effort to ascertain the name and 1684

address of the owner. If such is reasonably available to the 1685

officer, she or he shall mail a copy of such notice to the owner 1686

on or before the date of posting. If the property is a motor 1687

vehicle as defined in s. 320.01(1) or a vessel as defined in s. 1688

327.02, the law enforcement agency shall contact the Department 1689

of Highway Safety and Motor Vehicles in order to determine the 1690

name and address of the owner and any person who has filed a 1691

lien on the vehicle or vessel as provided in s. 319.27(2) or (3) 1692

or s. 328.15(1). On receipt of this information, the law 1693

enforcement agency shall mail a copy of the notice by certified 1694

mail, return receipt requested, to the owner and to the 1695

lienholder, if any, except that a law enforcement officer who 1696

has issued a citation for a violation of s. 823.11 to the owner 1697

of a derelict vessel is not required to mail a copy of the 1698

notice by certified mail, return receipt requested, to the 1699

owner. If, at the end of 5 days after posting the notice and 1700

mailing such notice, if required, the owner or any person 1701

interested in the lost or abandoned article or articles 1702

described has not removed the article or articles from public 1703

property or shown reasonable cause for failure to do so, the 1704

following shall apply: 1705

(a) For abandoned property, the law enforcement agency may 1706

retain any or all of the property for its own use or for use by 1707

the state or unit of local government, trade such property to 1708

another unit of local government or state agency, donate the 1709

property to a charitable organization, sell the property, or 1710

notify the appropriate refuse removal service. 1711


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(b) For lost property, the officer shall take custody and 1712

the agency shall retain custody of the property for 90 days. The 1713

agency shall publish notice of the intended disposition of the 1714

property, as provided in this section, during the first 45 days 1715

of this time period. 1716

1. If the agency elects to retain the property for use by 1717

the unit of government, donate the property to a charitable 1718

organization, surrender such property to the finder, sell the 1719

property, or trade the property to another unit of local 1720

government or state agency, notice of such election shall be 1721

given by an advertisement published once a week for 2 1722

consecutive weeks in a newspaper of general circulation in the 1723

county where the property was found if the value of the property 1724

is more than $100. If the value of the property is $100 or less, 1725

notice shall be given by posting a description of the property 1726

at the law enforcement agency where the property was turned in. 1727

The notice must be posted for not less than 2 consecutive weeks 1728

in a public place designated by the law enforcement agency. The 1729

notice must describe the property in a manner reasonably 1730

adequate to permit the rightful owner of the property to claim 1731

it. 1732

2. If the agency elects to sell the property, it must do so 1733

at public sale by competitive bidding. Notice of the time and 1734

place of the sale shall be given by an advertisement of the sale 1735

published once a week for 2 consecutive weeks in a newspaper of 1736

general circulation in the county where the sale is to be held. 1737

The notice shall include a statement that the sale shall be 1738

subject to any and all liens. The sale must be held at the 1739

nearest suitable place to that where the lost or abandoned 1740


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property is held or stored. The advertisement must include a 1741

description of the goods and the time and place of the sale. The 1742

sale may take place no earlier than 10 days after the final 1743

publication. If there is no newspaper of general circulation in 1744

the county where the sale is to be held, the advertisement shall 1745

be posted at the door of the courthouse and at three other 1746

public places in the county at least 10 days prior to sale. 1747

Notice of the agency’s intended disposition shall describe the 1748

property in a manner reasonably adequate to permit the rightful 1749

owner of the property to identify it. 1750

Section 29. Paragraph (c) of subsection (2) of section 1751

721.08, Florida Statutes, is amended to read: 1752

721.08 Escrow accounts; nondisturbance instruments; 1753

alternate security arrangements; transfer of legal title.— 1754

(2) One hundred percent of all funds or other property 1755

which is received from or on behalf of purchasers of the 1756

timeshare plan or timeshare interest prior to the occurrence of 1757

events required in this subsection shall be deposited pursuant 1758

to an escrow agreement approved by the division. The funds or 1759

other property may be released from escrow only as follows: 1760

(c) Compliance with conditions.— 1761

1. Timeshare licenses.—If the timeshare plan is one in 1762

which timeshare licenses are to be sold and no cancellation or 1763

default has occurred, the escrow agent may release the escrowed 1764

funds or other property to or on the order of the developer upon 1765

presentation of: 1766

a. An affidavit by the developer that all of the following 1767

conditions have been met: 1768

(I) Expiration of the cancellation period. 1769


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(II) Completion of construction. 1770

(III) Closing. 1771

(IV) Either: 1772

(A) Execution, delivery, and recordation by each 1773

interestholder of the nondisturbance and notice to creditors 1774

instrument, as described in this section; or 1775

(B) Transfer by the developer of legal title to the subject 1776

accommodations and facilities, or all use rights therein, into a 1777

trust satisfying the requirements of subparagraph 4. and the 1778

execution, delivery, and recordation by each other 1779


instrument, as described in this section. 1781

b. A certified copy of each recorded nondisturbance and 1782

notice to creditors instrument. 1783

c. One of the following: 1784

(I) A copy of a memorandum of agreement, as defined in s. 1785

721.05, together with satisfactory evidence that the original 1786

memorandum of agreement has been irretrievably delivered for 1787

recording to the appropriate official responsible for 1788

maintaining the public records in the county in which the 1789

subject accommodations and facilities are located. The original 1790

memorandum of agreement must be recorded within 180 days after 1791

the date on which the purchaser executed her or his purchase 1792

agreement. 1793

(II) A notice delivered for recording to the appropriate 1794

official responsible for maintaining the public records in each 1795

county in which the subject accommodations and facilities are 1796

located notifying all persons of the identity of an independent 1797

escrow agent or trustee satisfying the requirements of 1798


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subparagraph 4. that shall maintain separate books and records, 1799

in accordance with good accounting practices, for the timeshare 1800

plan in which timeshare licenses are to be sold. The books and 1801

records shall indicate each accommodation and facility that is 1802

subject to such a timeshare plan and each purchaser of a 1803

timeshare license in the timeshare plan. 1804

2. Timeshare estates.—If the timeshare plan is one in which 1805

timeshare estates are to be sold and no cancellation or default 1806

has occurred, the escrow agent may release the escrowed funds or 1807

other property to or on the order of the developer upon 1808






(III) Closing. 1814

b. If the timeshare estate is sold by agreement for deed, a 1815

certified copy of the recorded nondisturbance and notice to 1816

creditors instrument, as described in this section. 1817

c. Evidence that each accommodation and facility: 1818

(I) Is free and clear of the claims of any interestholders, 1819

other than the claims of interestholders that, through a 1820

recorded instrument, are irrevocably made subject to the 1821

timeshare instrument and the use rights of purchasers made 1822

available through the timeshare instrument; 1823

(II) Is the subject of a recorded nondisturbance and notice 1824

to creditors instrument that complies with subsection (3) and s. 1825

721.17; or 1826

(III) Has been transferred into a trust satisfying the 1827


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requirements of subparagraph 4. 1828

d. Evidence that the timeshare estate: 1829

(I) Is free and clear of the claims of any interestholders, 1830

other than the claims of interestholders that, through a 1831

recorded instrument, are irrevocably made subject to the 1832

timeshare instrument and the use rights of purchasers made 1833

available through the timeshare instrument; or 1834

(II) Is the subject of a recorded nondisturbance and notice 1835

to creditors instrument that complies with subsection (3) and s. 1836

721.17. 1837

3. Personal property timeshare interests.—If the timeshare 1838

plan is one in which personal property timeshare interests are 1839

to be sold and no cancellation or default has occurred, the 1840

escrow agent may release the escrowed funds or other property to 1841

or on the order of the developer upon presentation of: 1842





(III) Closing. 1847

b. If the personal property timeshare interest is sold by 1848

agreement for transfer, evidence that the agreement for transfer 1849

complies fully with s. 721.06 and this section. 1850

c. Evidence that one of the following has occurred: 1851

(I) Transfer by the owner of the underlying personal 1852

property of legal title to the subject accommodations and 1853

facilities or all use rights therein into a trust satisfying the 1854

requirements of subparagraph 4.; or 1855

(II) Transfer by the owner of the underlying personal 1856


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facilities or all use rights therein into an owners’ association 1858

satisfying the requirements of subparagraph 5. 1859

d. Evidence of compliance with the provisions of 1860

subparagraph 6., if required. 1861

e. If a personal property timeshare plan is created with 1862

respect to accommodations and facilities that are located on or 1863

in an oceangoing vessel, including a “documented vessel” or a 1864

“foreign vessel,” as defined and governed by 46 U.S.C. chapter 1865

301: 1866

(I) In making the transfer required in sub-subparagraph c., 1867

the developer shall use as its transfer instrument a document 1868

that establishes and protects the continuance of the use rights 1869

in the subject accommodations and facilities in a manner that is 1870

enforceable by the trust or owners’ association. 1871

(II) The transfer instrument shall comply fully with the 1872

provisions of this chapter, shall be part of the timeshare 1873

instrument, and shall contain specific provisions that: 1874

(A) Prohibit the vessel owner, the developer, any manager 1875

or operator of the vessel, the owners’ association or the 1876

trustee, the managing entity, or any other person from incurring 1877

any liens against the vessel except for liens that are required 1878

for the operation and upkeep of the vessel, including liens for 1879

fuel expenditures, repairs, crews’ wages, and salvage, and 1880

except as provided in sub-sub-subparagraphs 4.b.(III) and 1881

5.b.(III). All expenses, fees, and taxes properly incurred in 1882

connection with the creation, satisfaction, and discharge of any 1883

such permitted lien, or a prorated portion thereof if less than 1884

all of the accommodations on the vessel are subject to the 1885


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timeshare plan, shall be common expenses of the timeshare plan. 1886

(B) Grant a lien against the vessel in favor of the owners’ 1887

association or trustee to secure the full and faithful 1888

performance of the vessel owner and developer of all of their 1889

obligations to the purchasers. 1890

(C) Establish governing law in a jurisdiction that 1891

recognizes and will enforce the timeshare instrument and the 1892

laws of the jurisdiction of registry of the vessel. 1893

(D) Require that a description of the use rights of 1894

purchasers be posted and displayed on the vessel in a manner 1895

that will give notice of such rights to any party examining the 1896

vessel. This notice must identify the owners’ association or 1897

trustee and include a statement disclosing the limitation on 1898

incurring liens against the vessel described in sub-sub-sub-1899

subparagraph (A). 1900

(E) Include the nondisturbance and notice to creditors 1901

instrument for the vessel owner and any other interestholders. 1902

(F) The owners’ association created under subparagraph 5. 1903

or trustee created under subparagraph 4. shall have access to 1904

any certificates of classification in accordance with the 1905

timeshare instrument. 1906

(III) If the vessel is a foreign vessel, the vessel must be 1907

registered in a jurisdiction that permits a filing evidencing 1908

the use rights of purchasers in the subject accommodations and 1909

facilities, offers protection for such use rights against 1910

unfiled and inferior claims, and recognizes the document or 1911

instrument creating such use rights as a lien against the 1912

vessel. 1913

(IV) In addition to the disclosures required by s. 1914


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721.07(5), the public offering statement and purchase contract 1915

must contain a disclosure in conspicuous type in substantially 1916

the following form: 1917

1918

The laws of the State of Florida govern the offering of this 1919

timeshare plan in this state. There are inherent risks in 1920

purchasing a timeshare interest in this timeshare plan because 1921

the accommodations and facilities of the timeshare plan are 1922

located on a vessel that will sail into international waters and 1923

into waters governed by many different jurisdictions. Therefore, 1924

the laws of the State of Florida cannot fully protect your 1925

purchase of an interest in this timeshare plan. Specifically, 1926

management and operational issues may need to be addressed in 1927

the jurisdiction in which the vessel is registered, which is 1928

(insert jurisdiction in which vessel is registered). Concerns of 1929

purchasers may be sent to (insert name of applicable regulatory 1930

agency and address). 1931

4. Trust.— 1932

a. If the subject accommodations or facilities, or all use 1933

rights therein, are to be transferred into a trust in order to 1934

comply with this paragraph, such transfer shall take place 1935

pursuant to this subparagraph. If the accommodations or 1936

facilities included in such transfer are subject to a lease, the 1937

unexpired term of the lease must be disclosed as the term of the 1938

timeshare plan pursuant to s. 721.07(5)(f)4. 1939

b. Prior to the transfer of the subject accommodations and 1940

facilities, or all use rights therein, to a trust, any lien or 1941

other encumbrance against such accommodations and facilities, or 1942

use rights therein, shall be made subject to a nondisturbance 1943


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and notice to creditors instrument pursuant to subsection (3). 1944

No transfer pursuant to this subparagraph shall become effective 1945

until the trustee accepts such transfer and the responsibilities 1946

set forth herein. A trust established pursuant to this 1947

subparagraph shall comply with the following provisions: 1948

(I) The trustee shall be an individual or a business entity 1949

authorized and qualified to conduct trust business in this 1950

state. Any corporation authorized to do business in this state 1951

may act as trustee in connection with a timeshare plan pursuant 1952

to this chapter. The trustee must be independent from any 1953

developer or managing entity of the timeshare plan or any 1954

interestholder of any accommodation or facility of such plan. 1955

(II) The trust shall be irrevocable so long as any 1956

purchaser has a right to occupy any portion of the timeshare 1957

property pursuant to the timeshare plan. 1958

(III) The trustee shall not convey, hypothecate, mortgage, 1959

assign, lease, or otherwise transfer or encumber in any fashion 1960

any interest in or portion of the timeshare property with 1961

respect to which any purchaser has a right of use or occupancy 1962

unless the timeshare plan is terminated pursuant to the 1963

timeshare instrument, or such conveyance, hypothecation, 1964

mortgage, assignment, lease, transfer, or encumbrance is 1965

approved by a vote of two-thirds of all voting interests of the 1966

timeshare plan. Subject to s. 721.552, a vote of the voting 1967

interests of the timeshare plan is not required for substitution 1968

or automatic deletion of accommodations or facilities. 1969

(IV) All purchasers of the timeshare plan or the owners’ 1970

association of the timeshare plan shall be the express 1971

beneficiaries of the trust. The trustee shall act as a fiduciary 1972


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to the beneficiaries of the trust. The personal liability of the 1973

trustee shall be governed by ss. 736.08125, 736.08163, 736.1013, 1974

and 736.1015. The agreement establishing the trust shall set 1975

forth the duties of the trustee. The trustee shall be required 1976

to furnish promptly to the division upon request a copy of the 1977

complete list of the names and addresses of the owners in the 1978

timeshare plan and a copy of any other books and records of the 1979

timeshare plan required to be maintained pursuant to s. 721.13 1980

that are in the possession, custody, or control of the trustee. 1981

All expenses reasonably incurred by the trustee in the 1982

performance of its duties, together with any reasonable 1983

compensation of the trustee, shall be common expenses of the 1984

timeshare plan. 1985

(V) The trustee shall not resign upon less than 90 days’ 1986

prior written notice to the managing entity and the division. No 1987

resignation shall become effective until a substitute trustee, 1988

approved by the division, is appointed by the managing entity 1989

and accepts the appointment. 1990

(VI) The documents establishing the trust arrangement shall 1991

constitute a part of the timeshare instrument. 1992

(VII) For trusts holding property in a timeshare plan 1993

located outside this state, the trust and trustee holding such 1994

property shall be deemed in compliance with the requirements of 1995

this subparagraph if such trust and trustee are authorized and 1996

qualified to conduct trust business under the laws of such 1997

jurisdiction and the agreement or law governing such trust 1998

arrangement provides substantially similar protections for the 1999

purchaser as are required in this subparagraph for trusts 2000

holding property in a timeshare plan in this state. 2001


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(VIII) The trustee shall have appointed a registered agent 2002

in this state for service of process. In the event such a 2003

registered agent is not appointed, service of process may be 2004

served pursuant to s. 721.265. 2005

5. Owners’ association.— 2006


rights therein, are to be transferred into an owners’ 2008

association in order to comply with this paragraph, such 2009

transfer shall take place pursuant to this subparagraph. 2010

b. Before the transfer of the subject accommodations and 2011

facilities, or all use rights therein, to an owners’ 2012

association, any lien or other encumbrance against such 2013

accommodations and facilities, or use rights therein, shall be 2014

made subject to a nondisturbance and notice to creditors 2015

instrument pursuant to subsection (3). No transfer pursuant to 2016

this subparagraph shall become effective until the owners’ 2017

association accepts such transfer and the responsibilities set 2018

forth herein. An owners’ association established pursuant to 2019

this subparagraph shall comply with the following provisions: 2020

(I) The owners’ association shall be a business entity 2021

authorized and qualified to conduct business in this state. 2022

Control of the board of directors of the owners’ association 2023

must be independent from any developer or managing entity of the 2024

timeshare plan or any interestholder. 2025

(II) The bylaws of the owners’ association shall provide 2026

that the corporation may not be voluntarily dissolved without 2027

the unanimous vote of all owners of personal property timeshare 2028

interests so long as any purchaser has a right to occupy any 2029

portion of the timeshare property pursuant to the timeshare 2030


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plan. 2031

(III) The owners’ association shall not convey, 2032

hypothecate, mortgage, assign, lease, or otherwise transfer or 2033

encumber in any fashion any interest in or portion of the 2034

timeshare property with respect to which any purchaser has a 2035

right of use or occupancy, unless the timeshare plan is 2036

terminated pursuant to the timeshare instrument, or unless such 2037

conveyance, hypothecation, mortgage, assignment, lease, 2038

transfer, or encumbrance is approved by a vote of two-thirds of 2039

all voting interests of the association and such decision is 2040

declared by a court of competent jurisdiction to be in the best 2041

interests of the purchasers of the timeshare plan. The owners’ 2042

association shall notify the division in writing within 10 days 2043

after receiving notice of the filing of any petition relating to 2044

obtaining such a court order. The division shall have standing 2045

to advise the court of the division’s interpretation of the 2046

statute as it relates to the petition. 2047

(IV) All purchasers of the timeshare plan shall be members 2048

of the owners’ association and shall be entitled to vote on 2049

matters requiring a vote of the owners’ association as provided 2050

in this chapter or the timeshare instrument. The owners’ 2051

association shall act as a fiduciary to the purchasers of the 2052

timeshare plan. The articles of incorporation establishing the 2053

owners’ association shall set forth the duties of the owners’ 2054

association. All expenses reasonably incurred by the owners’ 2055

association in the performance of its duties, together with any 2056

reasonable compensation of the officers or directors of the 2057

owners’ association, shall be common expenses of the timeshare 2058

plan. 2059


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(V) The documents establishing the owners’ association 2060

shall constitute a part of the timeshare instrument. 2061

(VI) For owners’ associations holding property in a 2062

timeshare plan located outside this state, the owners’ 2063

association holding such property shall be deemed in compliance 2064

with the requirements of this subparagraph if such owners’ 2065

association is authorized and qualified to conduct owners’ 2066

association business under the laws of such jurisdiction and the 2067

agreement or law governing such arrangement provides 2068

substantially similar protections for the purchaser as are 2069

required in this subparagraph for owners’ associations holding 2070

property in a timeshare plan in this state. 2071

(VII) The owners’ association shall have appointed a 2072

registered agent in this state for service of process. In the 2073

event such a registered agent cannot be located, service of 2074

process may be made pursuant to s. 721.265. 2075

6. Personal property subject to certificate of title.—If 2076

any personal property that is an accommodation or facility of a 2077

timeshare plan is subject to a certificate of title in this 2078

state pursuant to chapter 319 or chapter 328, the following 2079

notation must be made on such certificate of title pursuant to 2080

s. 319.27(1) or s. 328.15 s. 328.15(1): 2081

2082

The further transfer or encumbrance of the property subject to 2083

this certificate of title, or any lien or encumbrance thereon, 2084

is subject to the requirements of section 721.17, Florida 2085

Statutes, and the transferee or lienor agrees to be bound by all 2086

of the obligations set forth therein. 2087

2088


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7. If the developer has previously provided a certified 2089

copy of any document required by this paragraph, she or he may 2090

for all subsequent disbursements substitute a true and correct 2091

copy of the certified copy, provided no changes to the document 2092

have been made or are required to be made. 2093

8. In the event that use rights relating to an 2094

accommodation or facility are transferred into a trust pursuant 2095

to subparagraph 4. or into an owners’ association pursuant to 2096

subparagraph 5., all other interestholders, including the owner 2097

of the underlying fee or underlying personal property, must 2098

execute a nondisturbance and notice to creditors instrument 2099

pursuant to subsection (3). 2100

Section 30. (1) The rights, duties, and interests flowing 2101

from a transaction, certificate of title, or record relating to 2102

a vessel which was validly entered into or created before 2103

October 1, 2019, and would be subject to this act if it had been 2104

entered into or created on or after October 1, 2019, remain 2105

valid on and after October 1, 2019. 2106

(2) This act does not affect an action or proceeding 2107

commenced before October 1, 2019. 2108

(3) Except as otherwise provided in subsection (4), a 2109

security interest that is enforceable immediately before October 2110

1, 2019, and that would have priority over the rights of a 2111

person who becomes a lien creditor at such time is a perfected 2112

security interest under this act. 2113

(4) A security interest perfected immediately before 2114

October 1, 2019, remains perfected until the earlier of: 2115

(a) The time perfection would have ceased under the law 2116

under which the security interest was perfected; or 2117


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(b) October 1, 2022. 2118

(5) This act does not affect the priority of a security 2119

interest in a vessel if immediately before October 1, 2019, the 2120

security interest is enforceable and perfected, and that 2121

priority is established. 2122

Section 31. Subject to s. 328.24, as created by this act, 2123

this act applies to any transaction, certificate of title, or 2124

record relating to a vessel, even if the transaction, 2125

certificate of title, or record was entered into or created 2126

before October 1, 2019. 2127

Section 32. This act shall take effect October 1, 2019. 2128

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An act relating to certificates of title for vessels; 2

creating s. 328.001, F.S.; providing a short title; 3

creating s. 328.0015, F.S.; providing definitions; 4

amending s. 328.01, F.S.; revising requirements for 5

application for, and information to be included in, a 6

certificate of title for a vessel; creating s. 7

328.015, F.S.; requiring the Department of Highway 8

Safety and Motor Vehicles to retain certain 9

information relating to ownership and titling of 10

vessels; requiring the department to furnish certain 11

information upon request; creating s. 328.02, F.S.; 12

providing that the law of the state in which a vessel 13

is titled governs all issues relating to a certificate 14

of title; specifying when a vessel becomes covered by 15

such certificate; amending s. 328.03, F.S.; requiring 16

a vessel owner to deliver an application for 17

certificate of title to the department by a specified 18

time; revising circumstances under which a vessel must 19

be titled by this state; providing requirements for 20

issuing, transferring, or renewing the number of an 21

undocumented vessel issued under certain federal 22

provisions; deleting provisions relating to operation, 23

use, or storage of a vessel; deleting provisions 24

relating to selling, assigning, or transferring a 25

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vessel; specifying that a certificate of title is 26

prima facie evidence of the accuracy of the 27

information in the record that constitutes the 28

certificate; creating s. 328.04, F.S.; providing 29

requirements for the contents of a certificate of 30

title; creating s. 328.045, F.S.; providing 31

responsibilities of an owner and insurer of a hull-32

damaged vessel when transferring an ownership interest 33

in the vessel; requiring the department to create a 34

new certificate indicating such damage; providing 35

civil penalties; creating s. 328.055, F.S.; requiring 36

the department to maintain certain information in its 37

files and to provide certain information to 38

governmental entities; specifying that certain 39

information is a public record; creating s. 328.06, 40

F.S.; providing responsibilities of the department 41

when creating a certificate of title; creating s. 42

328.065, F.S.; specifying effect of possession of a 43

certificate of title; providing construction; amending 44

s. 328.09, F.S.; providing duties of the department 45

relating to creation, issuance, refusal to issue, or 46

cancellation of a certificate of title; providing for 47

a hearing; creating s. 328.101, F.S.; specifying that 48

a certificate of title and certain other records are 49

effective despite missing or incorrect information; 50

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amending s. 328.11, F.S.; providing requirements for 51

obtaining a duplicate certificate of title; creating 52

s. 328.12, F.S.; providing requirements for 53

determination and perfection of a security interest in 54

a vessel; providing applicability; creating s. 55

328.125, F.S.; providing requirements for the delivery 56

of a statement of termination of a security interest; 57

providing duties of the department; providing 58

liability for noncompliance; creating s. 328.14, F.S.; 59

providing for the rights of a purchaser of a vessel 60

who is not a secured party; creating s. 328.145, F.S.; 61

providing for the rights of a secured party; amending 62

s. 328.15, F.S.; deleting certain provisions relating 63

to notice of a lien; providing for future repeal of 64

certain provisions; amending ss. 328.16 and 328.165, 65

F.S.; conforming provisions to changes made by the 66

act; creating s. 328.215, F.S.; specifying 67

circumstances under which the department may create a 68

new certificate of title after receipt of an 69

application for a transfer of ownership or termination 70

of a security interest unaccompanied by a certificate 71

of title; authorizing the department to indicate 72

certain information on the new certificate; 73

authorizing the department to require a bond, 74

indemnity, or other security; providing for the 75

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release of such bond, indemnity, or other security; 76

providing that the department is not liable for 77

creating a certificate of title based on erroneous or 78

fraudulent information; providing penalties; creating 79

s. 328.22, F.S.; providing requirements for the 80

transfer of ownership in a vessel; providing effect of 81

noncompliance; creating s. 328.23, F.S.; providing a 82

definition; providing duties of the department upon 83

receipt of a secured party's transfer statement; 84

providing construction; creating s. 328.24, F.S.; 85

providing a definition; providing requirements for a 86

transfer of ownership by operation of law; providing 87

duties of the department; providing applicability; 88

creating s. 328.25, F.S.; providing that the 89

principles and law of equity supplement the provisions 90

of the act; creating s. 328.41, F.S.; authorizing the 91

department to adopt rules to implement vessel 92

registration provisions; amending ss. 409.2575, 93

705.103, and 721.08, F.S.; conforming provisions and 94

cross-references to changes made by the act; providing 95

construction and applicability regarding transactions, 96

certificates of title, and records entered into or 97

created, actions or proceedings commenced, and 98

security interests perfected before the effective date 99

of the act; providing applicability; providing an 100

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effective date. 101

102


104


to read: 106

328.001 Short title.—This part may be cited as the 107

"Uniform Certificate of Title for Vessels Act." 108


to read: 110

328.0015 Definitions.— 111

(1) As used in this part, the term: 112

(a) "Barge" means a vessel that is not self-propelled or 113

fitted for propulsion by sail, paddle, oar, or similar device. 114

(b) "Builder's certificate" means a certificate of the 115

facts of build of a vessel described in 46 C.F.R. s. 67.99. 116

(c) "Buyer" means a person who buys or contracts to buy a 117

vessel. 118

(d) "Cancel," with respect to a certificate of title, 119

means to make the certificate ineffective. 120

(e) "Certificate of origin" means a record created by a 121

manufacturer or importer as the manufacturer's or importer's 122

proof of identity of a vessel. The term includes a 123

manufacturer's certificate or statement of origin and an 124

importer's certificate or statement of origin. The term does not 125

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include a builder's certificate. 126

(f) "Certificate of title" means a record, created by the 127

department or by a governmental agency of another jurisdiction 128

under the law of that jurisdiction, that is designated as a 129

certificate of title by the department or agency and is evidence 130

of ownership of a vessel. 131

(g) "Dealer" means a person, including a manufacturer, in 132

the business of selling vessels. 133

(h) "Department" means the Department of Highway Safety 134

and Motor Vehicles. 135

(i) "Documented vessel" means a vessel covered by a 136

certificate of documentation issued pursuant to 46 U.S.C. s. 137

12105. The term does not include a foreign-documented vessel. 138

(j) "Electronic" means relating to technology having 139

electrical, digital, magnetic, wireless, optical, 140

electromagnetic, or similar capabilities. 141

(k) "Electronic certificate of title" means a certificate 142

of title consisting of information that is stored solely in an 143

electronic medium and is retrievable in perceivable form. 144

(l) "Foreign-documented vessel" means a vessel the 145

ownership of which is recorded in a registry maintained by a 146

country other than the United States which identifies each 147

person who has an ownership interest in a vessel and includes a 148

unique alphanumeric designation for the vessel. 149

(m) "Good faith" means honesty in fact and the observance 150

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of reasonable commercial standards of fair dealing. 151

(n) "Hull damaged" means compromised with respect to the 152

integrity of a vessel's hull by a collision, allision, lightning 153

strike, fire, explosion, running aground, or similar occurrence, 154

or the sinking of a vessel in a manner that creates a 155

significant risk to the integrity of the vessel's hull. 156

(o) "Hull identification number" means the alphanumeric 157

designation assigned to a vessel pursuant to 33 C.F.R. part 181. 158

(p) "Lien creditor," with respect to a vessel, means: 159

1. A creditor that has acquired a lien on the vessel by 160

attachment, levy, or the like; 161

2. An assignee for benefit of creditors from the time of 162

assignment; 163

3. A trustee in bankruptcy from the date of the filing of 164

the petition; or 165

4. A receiver in equity from the time of appointment. 166

(q) "Owner" means a person who has legal title to a 167

vessel. 168

(r) "Owner of record" means the owner indicated in the 169


owner, the one first indicated. 171

(s) "Person" means an individual, corporation, business 172

trust, estate, trust, statutory trust, partnership, limited 173

liability company, association, joint venture, public 174

corporation, government or governmental subdivision, agency, or 175

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instrumentality, or any other legal or commercial entity. 176

(t) "Purchase" means to take by sale, lease, mortgage, 177

pledge, consensual lien, security interest, gift, or any other 178

voluntary transaction that creates an interest in a vessel. 179

(u) "Purchaser" means a person who takes by purchase. 180

(v) "Record" means information that is inscribed on a 181

tangible medium or that is stored in an electronic or other 182

medium and is retrievable in perceivable form. 183

(w) "Secured party," with respect to a vessel, means a 184

person: 185

1. In whose favor a security interest is created or 186

provided for under a security agreement, regardless of whether 187

any obligation to be secured is outstanding; 188

2. Who is a consignor as defined under chapter 679; or 189

3. Who holds a security interest arising under s. 672.401, 190

s. 672.505, s. 672.711(3), or s. 680.508(5). 191

(x) "Secured party of record" means the secured party 192

whose name is indicated as the name of the secured party in the 193


secured party, the one first indicated. 195

(y) "Security interest" means an interest in a vessel 196

which secures payment or performance of an obligation if the 197

interest is created by contract or arises under s. 672.401, s. 198

672.505, s. 672.711(3), or s. 680.508(5). The term includes any 199

interest of a consignor in a vessel in a transaction that is 200

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subject to chapter 679. The term does not include the special 201

property interest of a buyer of a vessel on identification of 202

that vessel to a contract for sale under s. 672.501, but a buyer 203

also may acquire a security interest by complying with chapter 204

679. Except as otherwise provided in s. 672.505, the right of a 205

seller or lessor of a vessel under chapter 672 or chapter 680 to 206

retain or acquire possession of the vessel is not a security 207

interest, but a seller or lessor also may acquire a security 208

interest by complying with chapter 679. The retention or 209

reservation of title by a seller of a vessel notwithstanding 210

shipment or delivery to the buyer under s. 672.401 is limited in 211

effect to a reservation of a security interest. Whether a 212

transaction in the form of a lease creates a security interest 213

is determined as provided in part II of chapter 671. 214

(z) "Sign" means, with present intent to authenticate or 215

adopt a record, to: 216

1. Make or adopt a tangible symbol; or 217

2. Attach to or logically associate with the record an 218

electronic symbol, sound, or process. 219

(aa) "State" means a state of the United States, the 220

District of Columbia, Puerto Rico, the United States Virgin 221

Islands, or any territory or insular possession subject to the 222

jurisdiction of the United States. 223

(bb) "State of principal use" means the state on the 224

waters of which a vessel is or will be used, operated, 225

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navigated, or employed more than on the waters of any other 226

state during a calendar year. 227

(cc) "Title brand" means a designation of previous damage, 228

use, or condition that must be indicated on a certificate of 229

title. 230

(dd) "Transfer of ownership" means a voluntary or 231

involuntary conveyance of an interest in a vessel. 232

(ee) "Vessel" means a watercraft used or capable of being 233

used as a means of transportation on water, except: 234

1. A seaplane; 235

2. An amphibious vehicle for which a certificate of title 236

is issued pursuant to chapter 319 or a similar statute of 237

another state; 238

3. Watercraft less than 16 feet in length and propelled 239

solely by sail, paddle, oar, or an engine of less than 10 240

horsepower; 241

4. Watercraft that operate only on a permanently fixed, 242

manufactured course and the movement of which is restricted to 243

or guided by means of a mechanical device to which the 244

watercraft is attached or by which the watercraft is controlled; 245

5. A stationary floating structure that: 246

a. Does not have and is not designed to have a mode of 247

propulsion of its own; 248

b. Is dependent for utilities upon a continuous utility 249

hookup to a source originating on shore; and 250

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c. Has a permanent, continuous hookup to a shoreside 251

sewage system; 252

6. Watercraft owned by the United States, a state, or a 253

foreign government or a political subdivision of any of them; 254

and 255

7. Watercraft used solely as a lifeboat on another 256

watercraft. 257

(ff) "Vessel number" means the alphanumeric designation 258

for a vessel issued pursuant to 46 U.S.C. s. 12301. 259

(gg) "Written certificate of title" means a certificate of 260

title consisting of information inscribed on a tangible medium. 261

(2) The following definitions and terms also apply to this 262

part: 263

(a) "Agreement" as defined in s. 671.201(3). 264

(b) "Buyer in ordinary course of business" as defined in 265

s. 671.201(9). 266

(c) "Conspicuous" as defined in s. 671.201(10). 267

(d) "Consumer goods" as defined in s. 679.1021(1)(w). 268

(e) "Debtor" as defined in s. 679.1021(1)(bb). 269

(f) "Knowledge" as defined in s. 671.209. 270

(g) "Lease" as defined in s. 680.1031(1)(j). 271

(h) "Lessor" as defined in 680.1031(1)(p). 272

(i) "Notice" as defined s. 671.209. 273

(j) "Representative" as defined in s. 671.201(36). 274

(k) "Sale" as defined in s. 672.106(1). 275

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(l) "Security agreement" as defined in s. 276

679.1021(1)(uuu). 277

(m) "Seller" as defined in s. 672.103(1)(d). 278

(n) "Send" as defined in s. 671.201(39). 279

(o) "Value" as defined in s. 671.211. 280


read: 282

328.01 Application for certificate of title.— 283

(1)(a) The owner of a vessel which is required to be 284

titled shall apply to the county tax collector for a certificate 285

of title. Except as otherwise provided in ss. 328.045, 328.11, 286

328.12, 328.215, 328.23, and 328.24, only an owner may apply for 287

a certificate of title. 288

(2) An application for a certificate of title must be 289

signed by the applicant and contain: 290

(a) The applicant's name, the street address of the 291

applicant's principal residence, and, if different, the 292

applicant's mailing address; 293

(b) The name and mailing address of each other owner of 294

the vessel; 295

(c) The hull identification number for the vessel or, if 296

none, an application for the issuance of a hull identification 297

number for the vessel; 298

(d) The vessel number for the vessel or, if none issued by 299

the department, an application for a vessel number; 300

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(e) A description of the vessel as required by the 301

department, which must include: 302

1. The official number for the vessel, if any, assigned by 303

the United States Coast Guard; 304

2. The name of the manufacturer, builder, or maker; 305

3. The model year or the year in which the manufacture or 306

build of the vessel was completed; 307

4. The overall length of the vessel; 308

5. The vessel type; 309

6. The hull material; 310

7. The propulsion type; 311

8. The engine drive type, if any; and 312

9. The fuel type, if any; 313

(f) An indication of all security interests in the vessel 314

known to the applicant and the name and mailing address of each 315

secured party; 316

(g) A statement that the vessel is not a documented vessel 317

or a foreign-documented vessel; 318

(h) Any title brand known to the applicant and, if known, 319

the jurisdiction under whose law the title brand was created; 320

(i) If the applicant knows that the vessel is hull 321

damaged, a statement that the vessel is hull damaged; 322

(j) If the application is made in connection with a 323

transfer of ownership, the transferor's name, street address, 324

and, if different, mailing address, the sales price, if any, and 325

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the date of the transfer; and 326

(k) If the vessel was previously registered or titled in 327

another jurisdiction, a statement identifying each jurisdiction 328

known to the applicant in which the vessel was registered or 329

titled. 330

(3) In addition to the information required by subsection 331

(2), an application for a certificate of title may contain an 332

electronic communication address of the owner, transferor, or 333

secured party. 334

(4) Except as otherwise provided in s. 328.11, s. 328.215, 335

s. 328.23, or s. 328.24, an application for a certificate of 336

title must be accompanied by: 337

(a) A certificate of title signed by the owner shown on 338

the certificate and which: 339

1. Identifies the applicant as the owner of the vessel; or 340

2. Is accompanied by a record that identifies the 341

applicant as the owner; or 342

(b) If there is no certificate of title: 343

1. If the vessel was a documented vessel, a record issued 344

by the United States Coast Guard which shows the vessel is no 345

longer a documented vessel and identifies the applicant as the 346

owner; 347

2. If the vessel was a foreign-documented vessel, a record 348

issued by the foreign country which shows the vessel is no 349

longer a foreign-documented vessel and identifies the applicant 350

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as the owner; or 351

3. In all other cases, a certificate of origin, bill of 352

sale, or other record that to the satisfaction of the department 353

identifies the applicant as the owner. 354

(5) A record submitted in connection with an application 355

is part of the application. The department shall maintain the 356

record in its files. 357

(6) The department may require that an application for a 358

certificate of title be accompanied by payment or evidence of 359

payment of all fees and taxes payable by the applicant under the 360

laws of this state other than this part in connection with the 361

application or the acquisition or use of the vessel The 362

application shall include the true name of the owner, the 363

residence or business address of the owner, and the complete 364

description of the vessel, including the hull identification 365

number, except that an application for a certificate of title 366

for a homemade vessel shall state all the foregoing information 367

except the hull identification number. 368

(7)(a) The application shall be signed by the owner and 369

shall be accompanied by personal or business identification and 370

the prescribed fee. An individual applicant must provide a valid 371

driver license or identification card issued by this state or 372

another state or a valid passport. A business applicant must 373

provide a federal employer identification number, if applicable, 374

verification that the business is authorized to conduct business 375

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in the state, or a Florida city or county business license or 376

number. 377

(b) The owner of an undocumented vessel that is exempt 378

from titling may apply to the county tax collector for a 379

certificate of title by filing an application accompanied by the 380

prescribed fee. 381

(2)(a) The owner of a manufactured vessel that was 382

initially sold in this state for which vessel an application for 383

an initial title is made shall establish proof of ownership by 384

submitting with the application the original copy of the 385

manufacturer's statement of origin for that vessel. 386

(b) The owner of a manufactured vessel that was initially 387

sold in another state or country for which vessel an application 388

for an initial title is made shall establish proof of ownership 389

by submitting with the application: 390

1. The original copy of the manufacturer's statement of 391

origin if the vessel was initially sold or manufactured in a 392

state or country requiring the issuance of such a statement or 393

the original copy of the executed bill of sale if the vessel was 394

initially sold or manufactured in a state or country not 395

requiring the issuance of a manufacturer's statement of origin; 396

and 397

2. The most recent certificate of registration for the 398

vessel, if such a certificate was issued. 399

(c) In making application for an initial title, the owner 400

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of a homemade vessel shall establish proof of ownership by 401

submitting with the application: 402

1. A notarized statement of the builder or its equivalent, 403

whichever is acceptable to the Department of Highway Safety and 404

Motor Vehicles, if the vessel is less than 16 feet in length; or 405

2. A certificate of inspection from the Fish and Wildlife 406

Conservation Commission and a notarized statement of the builder 407

or its equivalent, whichever is acceptable to the Department of 408

Highway Safety and Motor Vehicles, if the vessel is 16 feet or 409

more in length. 410

(d) The owner of a nontitled vessel registered or 411

previously registered in another state or country for which an 412

application for title is made in this state shall establish 413

proof of ownership by surrendering, with the submission of the 414

application, the original copy of the most current certificate 415

of registration issued by the other state or country. 416

(e) The owner of a vessel titled in another state or 417

country for which an application for title is made in this state 418

shall not be issued a title unless and until all existing titles 419

to the vessel are surrendered to the Department of Highway 420

Safety and Motor Vehicles. The department shall retain the 421

evidence of title which is presented by the applicant and on the 422

basis of which the certificate of title is issued. The 423

department shall use reasonable diligence in ascertaining 424

whether the facts in the application are true; and, if satisfied 425

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that the applicant is the owner of the vessel and that the 426

application is in the proper form, the department shall issue a 427


(f) In making application for the titling of a vessel 429

previously documented by the Federal Government, the current 430

owner shall establish proof of ownership by submitting with the 431

application a copy of the canceled documentation papers or a 432

properly executed release-from-documentation certificate 433

provided by the United States Coast Guard. In the event such 434

documentation papers or certification are in the name of a 435

person other than the current owner, the current owner shall 436

provide the original copy of all subsequently executed bills of 437

sale applicable to the vessel. 438

(3)(a) In making application for a title upon transfer of 439

ownership of a vessel, the new owner shall surrender to the 440

Department of Highway Safety and Motor Vehicles the last title 441

document issued for that vessel. The document shall be properly 442

executed. Proper execution includes, but is not limited to, the 443

previous owner's signature and certification that the vessel to 444

be transferred is debt-free or is subject to a lien. If a lien 445

exists, the previous owner shall furnish the new owner, on forms 446

supplied by the Department of Highway Safety and Motor Vehicles, 447

the names and addresses of all lienholders and the dates of all 448

liens, together with a statement from each lienholder that the 449

lienholder has knowledge of and consents to the transfer of 450

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title to the new owner. 451

(b) If the application for transfer of title is based upon 452

a contractual default, the recorded lienholder shall establish 453

proof of right to ownership by submitting with the application 454

the original certificate of title and a copy of the applicable 455

contract upon which the claim of ownership is made. If the claim 456

is based upon a court order or judgment, a copy of such document 457

shall accompany the application for transfer of title. If, on 458

the basis of departmental records, there appears to be any other 459

lien on the vessel, the certificate of title must contain a 460

statement of such a lien, unless the application for a 461

certificate of title is either accompanied by proper evidence of 462

the satisfaction or extinction of the lien or contains a 463

statement certifying that any lienholder named on the last-464

issued certificate of title has been sent notice by certified 465

mail, at least 5 days before the application was filed, of the 466

applicant's intention to seek a repossessed title. If such 467

notice is given and no written protest to the department is 468

presented by a subsequent lienholder within 15 days after the 469

date on which the notice was mailed, the certificate of title 470

shall be issued showing no liens. If the former owner or any 471

subsequent lienholder files a written protest under oath within 472

the 15-day period, the department shall not issue the 473

repossessed certificate for 10 days thereafter. If, within the 474

10-day period, no injunction or other order of a court of 475

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competent jurisdiction has been served on the department 476

commanding it not to deliver the certificate, the department 477

shall deliver the repossessed certificate to the applicant, or 478

as is otherwise directed in the application, showing no other 479

liens than those shown in the application. 480

(c) In making application for transfer of title from a 481

deceased titled owner, the new owner or surviving coowner shall 482

establish proof of ownership by submitting with the application 483

the original certificate of title and the decedent's probated 484

last will and testament or letters of administration appointing 485

the personal representative of the decedent. In lieu of a 486

probated last will and testament or letters of administration, a 487

copy of the decedent's death certificate, a copy of the 488

decedent's last will and testament, and an affidavit by the 489

decedent's surviving spouse or heirs affirming rights of 490

ownership may be accepted by the department. If the decedent 491

died intestate, a court order awarding the ownership of the 492

vessel or an affidavit by the decedent's surviving spouse or 493

heirs establishing or releasing all rights of ownership and a 494

copy of the decedent's death certificate shall be submitted to 495

the department. 496

(c)(d) An owner or coowner who has made a bona fide sale 497

or transfer of a vessel and has delivered possession thereof to 498

a purchaser shall not, by reason of any of the provisions of 499

this chapter, be considered the owner or coowner of the vessel 500

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so as to be subject to civil liability for the operation of the 501

vessel thereafter by another if the owner or coowner has 502

fulfilled either of the following requirements: 503

1. The owner or coowner has delivered to the department, 504

or has placed in the United States mail, addressed to the 505

department, either the certificate of title, properly endorsed, 506

or a notice in the form prescribed by the department; or 507

2. The owner or coowner has made proper endorsement and 508

delivery of the certificate of title as provided by this 509

chapter. As used in this subparagraph, the term "proper 510

endorsement" means: 511

a. The signature of one coowner if the vessel is held in 512

joint tenancy, signified by the vessel's being registered in the 513

names of two or more persons as coowners in the alternative by 514

the use of the word "or." In a joint tenancy, each coowner is 515

considered to have granted to each of the other coowners the 516

absolute right to dispose of the title and interest in the 517

vessel, and, upon the death of a coowner, the interest of the 518

decedent in the jointly held vessel passes to the surviving 519

coowner or coowners. This sub-subparagraph is applicable even if 520

the coowners are husband and wife; or 521

b. The signatures of every coowner or of the respective 522

personal representatives of the coowners if the vessel is 523

registered in the names of two or more persons as coowners in 524

the conjunctive by the use of the word "and." 525

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526

The department shall adopt suitable language that must appear 527

upon the certificate of title to effectuate the manner in which 528

the interest in or title to the vessel is held. 529

(8)(4) If the owner cannot furnish the department of 530

Highway Safety and Motor Vehicles with all the required 531

ownership documentation, the department may, at its discretion, 532

issue a title conditioned on the owner's agreement to indemnify 533

the department and its agents and defend the title against all 534

claims or actions arising out of such issuance. 535

(9)(5)(a) An application for an initial title or a title 536

transfer shall include payment of the applicable state sales tax 537

or proof of payment of such tax. 538

(b) An application for a title transfer between 539

individuals, which transfer is not exempt from the payment of 540

sales tax, shall include payment of the appropriate sales tax 541

payable on the selling price for the complete vessel rig, which 542

includes the vessel and its motor, trailer, and accessories, if 543

any. If the applicant submits with his or her application an 544

itemized, properly executed bill of sale which separately 545

describes and itemizes the prices paid for each component of the 546

rig, only the vessel and trailer will be subject to the sales 547

tax. 548

(10)(6) The department of Highway Safety and Motor 549

Vehicles shall prescribe and provide suitable forms for 550

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applications, certificates of title, notices of security 551

interests, and other notices and forms necessary to carry out 552

the provisions of this chapter. 553


to read: 555

328.015 Duties and operation of the department.— 556

(1) The department shall retain the evidence used to 557

establish the accuracy of the information in its files relating 558

to the current ownership of a vessel and the information on the 559


(2) The department shall retain in its files all 561

information regarding a security interest in a vessel for at 562

least 10 years after the department receives a termination 563

statement regarding the security interest. The information must 564

be accessible by the hull identification number for the vessel 565

and any other methods provided by the department. 566

(3) If a person submits a record to the department, or 567

submits information that is accepted by the department, and 568

requests an acknowledgment of the filing or submission, the 569

department shall send to the person an acknowledgment showing 570

the hull identification number of the vessel to which the record 571

or submission relates, the information in the filed record or 572

submission, and the date and time the record was received or the 573

submission was accepted. A request under this section must 574

contain the hull identification number and be delivered by means 575

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authorized by the department. 576

(4) The department shall send or otherwise make available 577

in a record the following information to any person who requests 578

it and pays the applicable fee: 579

(a) Whether the files of the department indicate, as of a 580

date and time specified by the department, but not a date 581

earlier than 3 days before the department received the request, 582

any certificate of title, security interest, termination 583

statement, or title brand that relates to a vessel: 584

1. Identified by a hull identification number designated 585

in the request; 586

2. Identified by a vessel number designated in the 587

request; or 588

3. Owned by a person designated in the request; 589

(b) With respect to the vessel: 590

1. The name and address of any owner as indicated in the 591

files of the department or on the certificate of title; 592

2. The name and address of any secured party as indicated 593

in the files of the department or on the certificate, and the 594

effective date of the information; and 595

3. A copy of any termination statement indicated in the 596

files of the department and the effective date of the 597

termination statement; and 598

(c) With respect to the vessel, a copy of any certificate 599

of origin, secured party transfer statement, transfer-by-law 600

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statement under s. 328.24, and other evidence of previous or 601

current transfers of ownership. 602

(5) In responding to a request under this section, the 603

department may provide the requested information in any medium. 604

On request, the department shall send the requested information 605

in a record that is self-authenticating. 606


read: 608

328.02 Law governing vessel covered by certificate of 609

title.— 610

(1) The law of the state under which a vessel's 611

certificate of title is covered governs all issues relating to 612

the certificate from the time the vessel becomes covered by the 613

certificate until the vessel becomes covered by another 614

certificate or becomes a documented vessel, even if no other 615

relationship exists between the state and the vessel or its 616

owner. 617

(2) A vessel becomes covered by a certificate of title 618

when an application for the certificate and the applicable fee 619

are delivered to the department in accordance with this part or 620

to the governmental agency that creates a certificate in another 621

jurisdiction in accordance with the law of that jurisdiction. 622


read: 624

328.03 Certificate of title required.— 625

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(1) Except as otherwise provided in subsections (2) and 626

(3), each vessel that is operated, used, or stored on the waters 627

of this state must be titled by this state pursuant to this 628

part, and the owner of a vessel for which this state is the 629

state of principal use shall deliver to the department an 630

application for a certificate of title for the vessel, with the 631

applicable fee, not later than 30 days after the later of: 632

(a) The date of a transfer of ownership; or 633

(b) The date this state becomes the state of principal 634

use. 635

(2) An application for a certificate of title is not 636

required for chapter, unless it is: 637

(a) A documented vessel; 638

(b) A foreign-documented vessel; 639

(c) A barge; 640

(d) A vessel before delivery if the vessel is under 641

construction or completed pursuant to contract; 642

(e) A vessel held by a dealer for sale or lease; 643

(f) A vessel used solely for demonstration, testing, or 644

sales promotional purposes by the manufacturer or dealer; 645

(g)(a) A vessel operated, used, or stored exclusively on 646

private lakes and ponds; 647

(h)(b) A vessel owned by the United States Government; 648

(c) A non-motor-powered vessel less than 16 feet in 649

length; 650

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(d) A federally documented vessel; 651

(i)(e) A vessel already covered by a registration number 652

in full force and effect which was awarded to it pursuant to a 653

federally approved numbering system of another state or by the 654

United States Coast Guard in a state without a federally 655

approved numbering system, if the vessel is not located in this 656

state for a period in excess of 90 consecutive days; or 657

(j)(f) A vessel from a country other than the United 658

States temporarily used, operated, or stored on the waters of 659

this state for a period that is not in excess of 90 days; 660

(g) An amphibious vessel for which a vehicle title is 661

issued by the Department of Highway Safety and Motor Vehicles; 662

(h) A vessel used solely for demonstration, testing, or 663

sales promotional purposes by the manufacturer or dealer; or 664

(i) A vessel owned and operated by the state or a 665

political subdivision thereof. 666

(3) The department may not issue, transfer, or renew a 667

number issued to a vessel pursuant to the requirements of 46 668

U.S.C. s. 12301 unless the department has created a certificate 669

of title for the vessel or an application for a certificate for 670

the vessel and the applicable fee have been delivered to the 671

department. 672

(2) A person shall not operate, use, or store a vessel for 673

which a certificate of title is required unless the owner has 674

received from the Department of Highway Safety and Motor 675

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Vehicles a valid certificate of title for such vessel. However, 676

such vessel may be operated, used, or stored for a period of up 677

to 180 days after the date of application for a certificate of 678

title while the application is pending. 679

(3) A person shall not sell, assign, or transfer a vessel 680

titled by the state without delivering to the purchaser or 681

transferee a valid certificate of title with an assignment on it 682

showing the transfer of title to the purchaser or transferee. A 683

person shall not purchase or otherwise acquire a vessel required 684

to be titled by the state without obtaining a certificate of 685

title for the vessel in his or her name. The purchaser or 686

transferee shall, within 30 days after a change in vessel 687

ownership, file an application for a title transfer with the 688

county tax collector. 689

(4) An additional $10 fee shall be charged against the 690

purchaser or transferee if he or she files a title transfer 691

application after the 30-day period. The county tax collector 692

shall be entitled to retain $5 of the additional amount. 693

(5)(4) A certificate of title is prima facie evidence of 694

the accuracy of the information in the record that constitutes 695

the certificate and of the ownership of the vessel. A 696

certificate of title is good for the life of the vessel so long 697

as the certificate is owned or held by the legal holder. If a 698

titled vessel is destroyed or abandoned, the owner, with the 699

consent of any recorded lienholders, shall, within 30 days after 700

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the destruction or abandonment, surrender to the department for 701

cancellation any and all title documents. If a titled vessel is 702

insured and the insurer has paid the owner for the total loss of 703

the vessel, the insurer shall obtain the title to the vessel 704

and, within 30 days after receiving the title, forward the title 705

to the department of Highway Safety and Motor Vehicles for 706

cancellation. The insurer may retain the certificate of title 707

when payment for the loss was made because of the theft of the 708

vessel. 709


shall provide labeled places on the title where the seller's 711

price shall be indicated when a vessel is sold and where a 712

selling dealer shall record his or her valid sales tax 713

certificate of registration number. 714

(7)(6)(a) The department of Highway Safety and Motor 715

Vehicles shall charge a fee of $5.25 for issuing each 716

certificate of title. The tax collector shall be entitled to 717

retain $3.75 of the fee. 718

(b) Beginning July 1, 1996, The department of Highway 719

Safety and Motor Vehicles shall use security procedures, 720

processes, and materials in the preparation and issuance of each 721

certificate of title to prohibit, to the extent possible, a 722

person's ability to alter, counterfeit, duplicate, or modify the 723

certificate. 724


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shall charge a fee of $4 in addition to that charged in 726

subsection (7) (6) for each initial certificate of title issued 727

for a vessel previously registered outside this state. 728


shall make regulations necessary and convenient to carry out the 730

provisions of this chapter. 731


read: 733

328.04 Content of certificate of title.— 734

(1) A certificate of title must contain: 735

(a) The date the certificate was created; 736

(b) The name of the owner of record and, if not all owners 737

are listed, an indication that there are additional owners 738

indicated in the files of the department; 739

(c) The mailing address of the owner of record; 740

(d) The hull identification number; 741

(e) The information listed in s. 328.01(2)(e); 742

(f) Except as otherwise provided in s. 328.12(2), the name 743

and mailing address of the secured party of record, if any, and 744

if not all secured parties are listed, an indication that there 745

are other security interests indicated in the files of the 746

department; and 747

(g) All title brands indicated in the files of the 748

department covering the vessel, including brands indicated on a 749

certificate created by a governmental agency of another 750

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jurisdiction and delivered to the department. 751

(2) This part does not preclude the department from noting 752

on a certificate of title the name and mailing address of a 753

secured party that is not a secured party of record. 754

(3) For each title brand indicated on a certificate of 755

title, the certificate must identify the jurisdiction under 756

whose law the title brand was created or the jurisdiction that 757

created the certificate on which the title brand was indicated. 758

If the meaning of a title brand is not easily ascertainable or 759

cannot be accommodated on the certificate, the certificate may 760

state: "Previously branded in (insert the jurisdiction under 761

whose law the title brand was created or whose certificate of 762

title previously indicated the title brand)." 763

(4) If the files of the department indicate that a vessel 764

was previously registered or titled in a foreign country, the 765

department shall indicate on the certificate of title that the 766

vessel was registered or titled in that country. 767

(5) A written certificate of title must contain a form 768

that all owners indicated on the certificate may sign to 769

evidence consent to a transfer of an ownership interest to 770

another person. The form must include a certification, signed 771

under penalty of perjury, that the statements made are true and 772

correct to the best of each owner's knowledge, information, and 773

belief. 774

(6) A written certificate of title must contain a form for 775

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the owner of record to indicate, in connection with a transfer 776

of an ownership interest, that the vessel is hull damaged. 777


to read: 779

328.045 Title brands.— 780

(1) Unless subsection (3) applies, at or before the time 781

the owner of record transfers an ownership interest in a hull-782

damaged vessel that is covered by a certificate of title created 783

by the department, if the damage occurred while that person was 784

an owner of the vessel and the person has notice of the damage 785

at the time of the transfer, the owner shall: 786

(a) Deliver to the department an application for a new 787

certificate that complies with s. 328.01 and includes the title 788

brand designation "Hull Damaged"; or 789

(b) Indicate on the certificate in the place designated 790

for that purpose that the vessel is hull damaged and deliver the 791

certificate to the transferee. 792

(2) Not later than 30 days after delivery of the 793

application under paragraph (1)(a) or the certificate of title 794

under paragraph (1)(b), the department shall create a new 795

certificate that indicates that the vessel is branded "Hull 796

Damaged." 797

(3) Before an insurer transfers an ownership interest in a 798

hull-damaged vessel that is covered by a certificate of title 799

created by the department, the insurer shall deliver to the 800

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department an application for a new certificate that complies 801

with s. 328.01 and includes the title brand designation "Hull 802

Damaged." Not later than 30 days after delivery of the 803

application to the department, the department shall create a new 804

certificate that indicates that the vessel is branded "Hull 805

Damaged." 806

(4) An owner of record who fails to comply with subsection 807

(1), a person who solicits or colludes in a failure by an owner 808

of record to comply with subsection (1), or an insurer that 809

fails to comply with subsection (3) commits a noncriminal 810

infraction under s. 327.73(1) for which the penalty is $5,000 811

for the first offense, $15,000 for a second offense, and $25,000 812

for each subsequent offense. 813


to read: 815

328.055 Maintenance of and access to files.— 816

(1) For each record relating to a certificate of title 817

submitted to the department, the department shall: 818

(a) Ascertain or assign the hull identification number for 819

the vessel; 820

(b) Maintain the hull identification number and all the 821

information submitted with the application pursuant to s. 822

328.01(2) to which the record relates, including the date and 823

time the record was delivered to the department; 824

(c) Maintain the files for public inspection subject to 825

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subsection (5); and 826

(d) Index the files of the department as required by 827

subsection (2). 828

(2) The department shall maintain in its files the 829

information contained in all certificates of title created under 830

this part. The information in the files of the department must 831

be searchable by the hull identification number of the vessel, 832

the vessel number, the name of the owner of record, and any 833

other method used by the department. 834

(3) The department shall maintain in its files, for each 835

vessel for which it has created a certificate of title, all 836

title brands known to the department, the name of each secured 837

party known to the department, the name of each person known to 838

the department to be claiming an ownership interest, and all 839

stolen property reports the department has received. 840

(4) Upon request, for safety, security, or law enforcement 841

purposes, the department shall provide to federal, state, or 842

local government the information in its files relating to any 843

vessel for which the department has issued a certificate of 844

title. 845

(5) Except as otherwise provided by the laws of this state 846

other than this part, the information required under s. 328.04 847

is a public record. 848


to read: 850

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328.06 Action required on creation of certificate of 851

title.— 852

(1) On creation of a written certificate of title, the 853

department shall promptly send the certificate to the secured 854

party of record or, if none, to the owner of record at the 855

address indicated for that person in the files of the 856

department. On creation of an electronic certificate of title, 857

the department shall promptly send a record evidencing the 858

certificate to the owner of record and, if there is one, to the 859

secured party of record at the address indicated for each person 860

in the files of the department. The department may send the 861

record to the person's mailing address or, if indicated in the 862

files of the department, an electronic address. 863

(2) If the department creates a written certificate of 864

title, any electronic certificate of title for the vessel is 865

canceled and replaced by the written certificate. The department 866

shall maintain in the files of the department the date and time 867

of cancellation. 868

(3) Before the department creates an electronic 869

certificate of title, any written certificate for the vessel 870

must be surrendered to the department. If the department creates 871

an electronic certificate, the department shall destroy or 872

otherwise cancel the written certificate for the vessel which 873

has been surrendered to the department and maintain in the files 874

of the department the date and time of destruction or other 875

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cancellation. If a written certificate being canceled is not 876

destroyed, the department shall indicate on the face of the 877

certificate that it has been canceled. 878


to read: 880

328.065 Effect of possession of certificate of title; 881

judicial process.—Possession of a certificate of title does not 882

by itself provide a right to obtain possession of a vessel. 883

Garnishment, attachment, levy, replevin, or other judicial 884

process against the certificate is not effective to determine 885

possessory rights to the vessel. This part does not prohibit 886

enforcement under the laws of this state of a security interest 887

in, levy on, or foreclosure of a statutory or common-law lien on 888

a vessel. Absence of an indication of a statutory or common-law 889

lien on a certificate does not invalidate the lien. 890


to read: 892

(Substantial rewording of section. See 893

s. 328.09, F.S., for present text.) 894

328.09 Refusal to issue and authority to cancel a 895

certificate of title or registration.— 896

(1) Unless an application for a certificate of title is 897

rejected under subsection (3) or subsection (4), the department 898

shall create a certificate for the vessel in accordance with 899

subsection (2) not later than 30 days after delivery to the 900

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department of an application that complies with s. 328.01. 901

(2) If the department creates electronic certificates of 902

title, the department shall create an electronic certificate 903

unless in the application the secured party of record or, if 904

none, the owner of record requests that the department create a 905

written certificate. 906

(3) Except as otherwise provided in subsection (4), the 907

department may reject an application for a certificate of title 908

only if: 909

(a) The application does not comply with s. 328.01; 910

(b) The application does not contain documentation 911

sufficient for the department to determine whether the applicant 912

is entitled to a certificate; 913

(c) There is a reasonable basis for concluding that the 914

application is fraudulent or issuance of a certificate would 915

facilitate a fraudulent or illegal act; or 916

(d) The application does not comply with the laws of this 917

state other than this part. 918

(4) The department shall reject an application for a 919

certificate of title for a vessel that is a documented vessel or 920

a foreign-documented vessel. 921

(5) The department may cancel a certificate of title 922

created by it only if the department: 923

(a) Could have rejected the application for the 924

certificate under subsection (3); 925

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(b) Is required to cancel the certificate under another 926

provision of this part; or 927

(c) Receives satisfactory evidence that the vessel is a 928

documented vessel or a foreign-documented vessel. 929

(6) The decision by the department to reject an 930

application for a certificate of title or cancel a certificate 931

of title pursuant to this section is subject to a hearing 932

pursuant to ss. 120.569 and 120.57 at which the owner and any 933

other interested party may present evidence in support of or 934

opposition to the rejection of the application for a certificate 935

of title or the cancellation of a certificate of title. 936


to read: 938

328.101 Effect of missing or incorrect information.—Except 939

as otherwise provided in s. 679.337, a certificate of title or 940

other record required or authorized by this part is effective 941

even if it contains unintended scrivener's errors or does not 942

contain certain required information if such missing information 943

is determined by the department to be inconsequential to the 944

issuing of a certificate of title or other record. 945


to read: 947

328.11 Duplicate certificate of title.— 948

(1) If a written certificate of title is lost, stolen, 949

mutilated, destroyed, or otherwise becomes unavailable or 950

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illegible, the secured party of record or, if no secured party 951

is indicated in the files of the department, the owner of record 952

may apply for and, by furnishing information satisfactory to the 953

department, obtain a duplicate certificate in the name of the 954

owner of record. 955

(2) An applicant for a duplicate certificate of title must 956

sign the application, and, except as otherwise permitted by the 957

department, the application must comply with s. 328.01. The 958

application must include the existing certificate unless the 959

certificate is lost, stolen, mutilated, destroyed, or otherwise 960

unavailable. 961

(3) A duplicate certificate of title created by the 962

department must comply with s. 328.04 and indicate on the face 963

of the certificate that it is a duplicate certificate. 964

(4) If a person receiving a duplicate certificate of title 965

subsequently obtains possession of the original written 966

certificate, the person shall promptly destroy the original 967



may issue a duplicate certificate of title upon application by 970

the person entitled to hold such a certificate if the department 971

is satisfied that the original certificate has been lost, 972

destroyed, or mutilated. The department shall charge a fee of $6 973

for issuing a duplicate certificate. 974

(6)(2) In addition to the fee imposed by subsection (5) 975

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(1), the department of Highway Safety and Motor Vehicles shall 976

charge a fee of $5 for expedited service in issuing a duplicate 977

certificate of title. Application for such expedited service may 978

be made by mail or in person. The department shall issue each 979

certificate of title applied for under this subsection within 5 980

working days after receipt of a proper application or shall 981

refund the additional $5 fee upon written request by the 982

applicant. 983

(3) If, following the issuance of an original, duplicate, 984

or corrected certificate of title by the department, the 985

certificate is lost in transit and is not delivered to the 986

addressee, the owner of the vessel or the holder of a lien 987

thereon may, within 180 days after the date of issuance of the 988

title, apply to the department for reissuance of the certificate 989

of title. An additional fee may not be charged for reissuance 990

under this subsection. 991

(7)(4) The department shall implement a system to verify 992

that the application is signed by a person authorized to receive 993

a duplicate title certificate under this section if the address 994

shown on the application is different from the address shown for 995

the applicant on the records of the department. 996


to read: 998

328.12 Perfection of security interest.— 999

(1) Except as otherwise provided in this section, a 1000

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security interest in a vessel may be perfected only by delivery 1001

to the department of an application for a certificate of title 1002

that identifies the secured party and otherwise complies with s. 1003

328.01. The security interest is perfected on the later of 1004

delivery to the department of the application and the applicable 1005

fee or attachment of the security interest under s. 679.2031. 1006

(2) If the interest of a person named as owner, lessor, 1007

consignor, or bailor in an application for a certificate of 1008

title delivered to the department is a security interest, the 1009

application sufficiently identifies the person as a secured 1010

party. Identification on the application for a certificate of a 1011

person as owner, lessor, consignor, or bailor is not by itself a 1012

factor in determining whether the person's interest is a 1013

security interest. 1014

(3) If the department has created a certificate of title 1015

for a vessel, a security interest in the vessel may be perfected 1016

by delivery to the department of an application, on a form the 1017

department may require, to have the security interest added to 1018

the certificate. The application must be signed by an owner of 1019

the vessel or by the secured party and must include: 1020

(a) The name of the owner of record; 1021

(b) The name and mailing address of the secured party; 1022

(c) The hull identification number for the vessel; and 1023

(d) If the department has created a written certificate of 1024

title for the vessel, the certificate. 1025

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(4) A security interest perfected under subsection (3) is 1026

perfected on the later of delivery to the department of the 1027

application and all applicable fees or attachment of the 1028

security interest under s. 679.2031. 1029

(5) On delivery of an application that complies with 1030

subsection (3) and payment of all applicable fees, the 1031

department shall create a new certificate of title pursuant to 1032

s. 328.09 and deliver the new certificate or a record evidencing 1033

an electronic certificate pursuant to s. 328.06. The department 1034

shall maintain in the files of the department the date and time 1035

of delivery of the application to the department. 1036

(6) If a secured party assigns a perfected security 1037

interest in a vessel, the receipt by the department of a 1038

statement providing the name of the assignee as secured party is 1039

not required to continue the perfected status of the security 1040

interest against creditors of and transferees from the original 1041

debtor. A purchaser of a vessel subject to a security interest 1042

who obtains a release from the secured party indicated in the 1043

files of the department or on the certificate takes free of the 1044

security interest and of the rights of a transferee unless the 1045

transfer is indicated in the files of the department or on the 1046

certificate. 1047

(7) This section does not apply to a security interest: 1048

(a) Created in a vessel by a person during any period in 1049

which the vessel is inventory held for sale or lease by the 1050

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person or is leased by the person as lessor if the person is in 1051

the business of selling vessels; 1052

(b) In a barge for which no application for a certificate 1053

of title has been delivered to the department; or 1054

(c) In a vessel before delivery if the vessel is under 1055

construction, or completed, pursuant to contract and for which 1056

no application for a certificate has been delivered to the 1057

department. 1058

(8) This subsection applies if a certificate of 1059

documentation for a documented vessel is deleted or canceled. If 1060

a security interest in the vessel was valid immediately before 1061

deletion or cancellation against a third party as a result of 1062

compliance with 46 U.S.C. s. 31321, the security interest is and 1063

remains perfected until the earlier of 4 months after 1064

cancellation of the certificate or the time the security 1065

interest becomes perfected under this part. 1066

(9) A security interest in a vessel arising under s. 1067

672.401, s. 672.505, s. 672.711(3), or s. 680.508(5) is 1068

perfected when it attaches but becomes unperfected when the 1069

debtor obtains possession of the vessel, unless the security 1070

interest is perfected pursuant to subsection (1) or subsection 1071

(3) before the debtor obtains possession. 1072

(10) A security interest in a vessel as proceeds of other 1073

collateral is perfected to the extent provided in s. 679.3151. 1074

(11) A security interest in a vessel perfected under the 1075

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law of another jurisdiction is perfected to the extent provided 1076

in s. 679.3161(4). 1077


to read: 1079

328.125 Termination statement.— 1080

(1) A secured party indicated in the files of the 1081

department as having a security interest in a vessel shall 1082

deliver a termination statement to the department and, on the 1083

debtor's request, to the debtor, by the earlier of: 1084

(a) Twenty days after the secured party receives a signed 1085

demand from an owner for a termination statement and there is no 1086

obligation secured by the vessel subject to the security 1087

interest and no commitment to make an advance, incur an 1088

obligation, or otherwise give value secured by the vessel; or 1089

(b) If the vessel is consumer goods, 30 days after there 1090

is no obligation secured by the vessel and no commitment to make 1091

an advance, incur an obligation, or otherwise give value secured 1092

by the vessel. 1093

(2) If a written certificate of title has been created and 1094

delivered to a secured party and a termination statement is 1095

required under subsection (1), the secured party, not later than 1096

the date required by subsection (1), shall deliver the 1097

certificate to the debtor or to the department with the 1098

statement. If the certificate is lost, stolen, mutilated, 1099

destroyed, or is otherwise unavailable or illegible, the secured 1100

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party shall deliver with the statement, not later than the date 1101

required by subsection (1), an application for a duplicate 1102

certificate meeting the requirements of s. 328.11. 1103

(3) On delivery to the department of a termination 1104

statement authorized by the secured party, the security interest 1105

to which the statement relates ceases to be perfected. If the 1106

security interest to which the statement relates was indicated 1107

on the certificate of title, the department shall create a new 1108

certificate and deliver the new certificate or a record 1109

evidencing an electronic certificate. The department shall 1110

maintain in its files the date and time of delivery to the 1111

department of the statement. 1112

(4) A secured party that fails to comply with this section 1113

is liable for any loss that the secured party had reason to know 1114

might result from its failure to comply and which could not 1115

reasonably have been prevented and for the cost of an 1116

application for a certificate of title under s. 328.01 or s. 1117

328.11. 1118


to read: 1120

328.14 Rights of purchaser other than secured party.— 1121

(1) A buyer in ordinary course of business has the 1122

protections afforded by ss. 672.403(2) and 679.320(1) even if an 1123

existing certificate of title was not signed and delivered to 1124

the buyer or a new certificate listing the buyer as owner of 1125

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record was not created. 1126

(2) Except as otherwise provided in ss. 328.145 and 1127

328.22, the rights of a purchaser of a vessel who is not a buyer 1128

in ordinary course of business or a lien creditor are governed 1129

by the Uniform Commercial Code. 1130


to read: 1132

328.145 Rights of secured party.— 1133

(1) Subject to subsection (2), the effect of perfection 1134

and nonperfection of a security interest and the priority of a 1135

perfected or unperfected security interest with respect to the 1136

rights of a purchaser or creditor, including a lien creditor, is 1137

governed by the Uniform Commercial Code. 1138

(2) If, while a security interest in a vessel is perfected 1139

by any method under this part, the department creates a 1140

certificate of title that does not indicate that the vessel is 1141

subject to the security interest or contain a statement that it 1142

may be subject to security interests not indicated on the 1143

certificate: 1144

(a) A buyer of the vessel, other than a person in the 1145

business of selling or leasing vessels of that kind, takes free 1146

of the security interest if the buyer, acting in good faith and 1147

without knowledge of the security interest, gives value and 1148

receives possession of the vessel; and 1149

(b) The security interest is subordinate to a conflicting 1150

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security interest in the vessel that is perfected under s. 1151

328.12 after creation of the certificate and without the 1152

conflicting secured party's knowledge of the security interest. 1153


to read: 1155

328.15 Notice of lien on vessel; recording.— 1156

(1) No lien for purchase money or as security for a debt 1157

in the form of retain title contract, conditional bill of sale, 1158

chattel mortgage, or otherwise on a vessel shall be enforceable 1159

in any of the courts of this state against creditors or 1160

subsequent purchasers for a valuable consideration and without 1161

notice unless a sworn notice of such lien is recorded. The lien 1162

certificate shall contain the following information: 1163

(a) Name and address of the registered owner; 1164

(b) Date of lien; 1165

(c) Description of the vessel to include make, type, motor 1166

and serial number; and 1167

(d) Name and address of lienholder. 1168

1169

The lien shall be recorded by the Department of Highway Safety 1170

and Motor Vehicles and shall be effective as constructive notice 1171

when filed. The date of filing of the notice of lien is the date 1172

of its receipt by the department's central office in 1173

Tallahassee, if first filed there, or otherwise by the office of 1174

a county tax collector or of the tax collector's agent. 1175

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(2)(a) The Department of Highway Safety and Motor Vehicles 1176

shall not enter any lien upon its lien records, whether it is a 1177

first lien or a subordinate lien, unless the official 1178

certificate of title issued for the vessel is furnished with the 1179

notice of lien, so that the record of lien, whether original or 1180

subordinate, may be noted upon the face thereof. After the 1181

department records the lien, it shall send the certificate of 1182

title to the holder of the first lien who shall hold such 1183

certificate until the lien is satisfied in full. 1184

(b) When a vessel is registered in the names of two or 1185

more persons as coowners in the alternative by the use of the 1186

word "or," whether or not the coowners are husband and wife, 1187

each coowner is considered to have granted to any other coowner 1188

the absolute right to place a lien or encumbrance on the vessel, 1189

and the signature of one coowner constitutes proper execution of 1190

the notice of lien. When a vessel is registered in the names of 1191

two or more persons as coowners in the conjunctive by the use of 1192

the word "and," the signature of each coowner is required in 1193

order to place a lien or encumbrance on the vessel. 1194

(c) If the owner of the vessel as shown on the title 1195

certificate or the director of the state child support 1196

enforcement program desires to place a second or subsequent lien 1197

or encumbrance against the vessel when the title certificate is 1198

in the possession of the first lienholder, the owner shall send 1199

a written request to the first lienholder by certified mail and 1200

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such first lienholder shall forward the certificate to the 1201

department for endorsement. The department shall return the 1202

certificate to the first lienholder, as indicated in the notice 1203

of lien filed by the first lienholder, after endorsing the 1204

second or subsequent lien on the certificate and on the 1205

duplicate. If the first lienholder fails, neglects, or refuses 1206

to forward the certificate of title to the department within 10 1207

days after the date of the owner's or the director's request, 1208

the department, on written request of the subsequent lienholder 1209

or an assignee thereof, shall demand of the first lienholder the 1210

return of such certificate for the notation of the second or 1211

subsequent lien or encumbrance. 1212

(1)(3) Upon the payment of a any such lien, the debtor or 1213

the registered owner of the motorboat shall be entitled to 1214

demand and receive from the lienholder a satisfaction of the 1215

lien which shall likewise be filed with the Department of 1216

Highway Safety and Motor Vehicles. 1217


under precautionary rules and regulations to be promulgated by 1219

it may permit the use, in substitution of the formal 1220

satisfaction of lien, of other methods of satisfaction, such as 1221

perforation, appropriate stamp, or otherwise, as it deems 1222

reasonable and adequate. 1223

(3)(5)(a) The Department of Highway Safety and Motor 1224

Vehicles shall adopt rules to administer this section. The 1225

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department may by rule require that a notice of satisfaction of 1226

a lien be notarized. The department shall prepare the forms of 1227

the notice of lien and the satisfaction of lien to be supplied, 1228

at a charge not to exceed 50 percent more than cost, to 1229

applicants for recording the liens or satisfactions and shall 1230

keep a record of such notices of lien and satisfactions 1231

available for inspection by the public at all reasonable times. 1232

The division may furnish certified copies of such satisfactions 1233

for a fee of $1, which are admissible in evidence in all courts 1234

of this state under the same conditions and to the same effect 1235

as certified copies of other public records. 1236

(b) The department shall establish and administer an 1237

electronic titling program that requires the recording of vessel 1238

title information for new, transferred, and corrected 1239

certificates of title. Lienholders shall electronically transmit 1240

liens and lien satisfactions to the department in a format 1241

determined by the department. Individuals and lienholders who 1242

the department determines are not normally engaged in the 1243

business or practice of financing vessels are not required to 1244

participate in the electronic titling program. 1245

(6) The Department of Highway Safety and Motor Vehicles is 1246

entitled to a fee of $1 for the recording of each notice of 1247

lien. No fee shall be charged for recording the satisfaction of 1248

a lien. All of the fees collected shall be paid into the Marine 1249

Resources Conservation Trust Fund. 1250

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(4)(7)(a) Should any person, firm, or corporation holding 1251

such lien, which has been recorded by the Department of Highway 1252

Safety and Motor Vehicles, upon payment of such lien and on 1253

demand, fail or refuse, within 30 days after such payment and 1254

demand, to furnish the debtor or the registered owner of such 1255

vessel a satisfaction of the lien, then, in that event, such 1256

person, firm, or corporation shall be held liable for all costs, 1257

damages, and expenses, including reasonable attorney attorney's 1258

fees, lawfully incurred by the debtor or the registered owner of 1259

such vessel in any suit which may be brought in the courts of 1260

this state for the cancellation of such lien. 1261

(b) Following satisfaction of a lien, the lienholder shall 1262

enter a satisfaction thereof in the space provided on the face 1263

of the certificate of title. If there are no subsequent liens 1264

shown thereon, the certificate shall be delivered by the 1265

lienholder to the person satisfying the lien or encumbrance and 1266

an executed satisfaction on a form provided by the department 1267

shall be forwarded to the department by the lienholder within 10 1268

days after satisfaction of the lien. 1269

(c) If the certificate of title shows a subsequent lien 1270

not then being discharged, an executed satisfaction of the first 1271

lien shall be delivered by the lienholder to the person 1272

satisfying the lien and the certificate of title showing 1273

satisfaction of the first lien shall be forwarded by the 1274

lienholder to the department within 10 days after satisfaction 1275

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of the lien. 1276

(d) If, upon receipt of a title certificate showing 1277

satisfaction of the first lien, the department determines from 1278

its records that there are no subsequent liens or encumbrances 1279

upon the vessel, the department shall forward to the owner, as 1280

shown on the face of the title, a corrected certificate showing 1281

no liens or encumbrances. If there is a subsequent lien not 1282

being discharged, the certificate of title shall be reissued 1283

showing the second or subsequent lienholder as the first 1284

lienholder and shall be delivered to the new first lienholder. 1285

The first lienholder shall be entitled to retain the certificate 1286

of title until his or her lien is satisfied. Upon satisfaction 1287

of the lien, the lienholder shall be subject to the procedures 1288

required of a first lienholder in this subsection and in 1289

subsection (2). 1290

(5)(8) When the original certificate of title cannot be 1291

returned to the department by the lienholder and evidence 1292

satisfactory to the department is produced that all liens or 1293

encumbrances have been satisfied, upon application by the owner 1294

for a duplicate copy of the certificate of title, upon the form 1295

prescribed by the department, accompanied by the fee prescribed 1296

in this chapter, a duplicate copy of the certificate of title 1297

without statement of liens or encumbrances shall be issued by 1298

the department and delivered to the owner. 1299

(6)(9) Any person who fails, within 10 days after receipt 1300

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of a demand by the department by certified mail, to return a 1301

certificate of title to the department as required by paragraph 1302

(2)(c) or who, upon satisfaction of a lien, fails within 10 days 1303

after receipt of such demand to forward the appropriate document 1304

to the department as required by paragraph (4)(b) (7)(b) or 1305

paragraph (4)(c) (7)(c) commits a misdemeanor of the second 1306

degree, punishable as provided in s. 775.082 or s. 775.083. 1307

(7)(10) The department shall use the last known address as 1308

shown by its records when sending any notice required by this 1309

section. 1310

(8)(11) If the original lienholder sells and assigns his 1311

or her lien to some other person, and if the assignee desires to 1312

have his or her name substituted on the certificate of title as 1313

the holder of the lien, he or she may, after delivering the 1314

original certificate of title to the department and providing a 1315

sworn statement of the assignment, have his or her name 1316

substituted as a lienholder. Upon substitution of the assignee's 1317

name as lienholder, the department shall deliver the certificate 1318

of title to the assignee as the first lienholder. 1319

(9) Subsections (1), (2), and (4)-(8) shall expire October 1320

1, 2025. 1321


to read: 1323

328.16 Issuance in duplicate; delivery; liens, security 1324

interests, and encumbrances.— 1325

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(1) The department shall assign a number to each 1326

certificate of title and shall issue each certificate of title 1327

and each corrected certificate in duplicate. The database record 1328

shall serve as the duplicate title certificate. 1329

(2) An authorized person must sign the original 1330

certificate of title and each corrected certificate and, if 1331

there are no liens, security interests, or encumbrances on the 1332

vessel, as shown in the records of the department or as shown in 1333

the application, must deliver the certificate to the applicant 1334

or to another person as directed by the applicant or person, 1335

agent, or attorney submitting the application. If there are one 1336

or more liens, security interests, or encumbrances on the 1337

vessel, the department must deliver the certificate to the first 1338

lienholder or secured party as shown by department records. The 1339

department shall deliver to the first lienholder or secured 1340

party, along with the certificate, a form to be subsequently 1341

used by the lienholder or secured party as a satisfaction. If 1342

the application for certificate of title shows the name of a 1343

first lienholder or secured party which is different from the 1344

name of the first lienholder or secured party as shown by the 1345

records of the department, the certificate shall not be issued 1346

to any person until after the department notifies all parties 1347

who appear to hold a lien or a security interest and the 1348

applicant for the certificate, in writing by certified mail. If 1349

the parties do not amicably resolve the conflict within 10 days 1350

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after the date the notice was mailed, the department shall serve 1351

notice in writing by certified mail on all persons that appear 1352

to hold liens or security interests on that particular vessel, 1353

including the applicant for the certificate, to show cause 1354

within 15 days after the date the notice is mailed why it should 1355

not issue and deliver the certificate to the secured party of 1356

record or person indicated in the notice of lien filed by the 1357

lienholder whose name appears in the application as the first 1358

lienholder without showing any lien or liens as outstanding 1359

other than those appearing in the application or those filed 1360

subsequent to the filing of the application for the certificate 1361

of title. If, within the 15-day period, any person other than 1362

the lienholder or secured party of record shown in the 1363

application or a party filing a subsequent lien or security 1364

interest, in answer to the notice to show cause, appears in 1365

person or by a representative, or responds in writing, and files 1366

a written statement under oath that his or her lien or security 1367

interest on that particular vessel is still outstanding, the 1368

department shall not issue the certificate to anyone until after 1369

the conflict has been settled by the lien or security interest 1370

claimants involved or by a court of competent jurisdiction. If 1371

the conflict is not settled amicably within 10 days after the 1372

final date for filing an answer to the notice to show cause, the 1373

complaining party shall have 10 days to obtain a ruling, or a 1374

stay order, from a court of competent jurisdiction. If a ruling 1375

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or stay order is not issued and served on the department within 1376

the 10-day period, the department shall issue the certificate 1377

showing no liens or security interests, except those shown in 1378

the application or thereafter filed, to the original applicant 1379

if there are no liens or security interests shown in the 1380

application and none are thereafter filed, or to the person 1381

indicated as the secured party of record or in the notice of 1382

lien filed by the lienholder whose name appears in the 1383

application as the first lienholder if there are liens shown in 1384

the application or thereafter filed. A duplicate certificate or 1385

corrected certificate must show only such security interest or 1386

interests or lien or liens as were shown in the application and 1387

subsequently filed liens or security interests that may be 1388

outstanding. 1389

(3) Except as provided in s. 328.15(11), The certificate 1390

of title shall be retained by the first lienholder or secured 1391

party of record. The first lienholder or secured party of record 1392

is entitled to retain the certificate until the first lien or 1393

security interest is satisfied. 1394

(4) Notwithstanding any requirements in this section or in 1395

s. 328.15 indicating that a lien or security interest on a 1396

vessel shall be noted on the face of the Florida certificate of 1397

title, if there are one or more liens, security interests, or 1398

encumbrances on a vessel, the department shall electronically 1399

transmit the lien or security interest to the first lienholder 1400

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or secured party and notify the first lienholder or secured 1401

party of any additional liens or security interests. Subsequent 1402

lien or security interest satisfactions shall be electronically 1403

transmitted to the department and must include the name and 1404

address of the person or entity satisfying the lien or security 1405

interest. When electronic transmission of liens or security 1406

interest and lien satisfactions or security interest are used, 1407

the issuance of a certificate of title may be waived until the 1408

last lien or security interest is satisfied and a clear 1409

certificate of title is issued to the owner of the vessel. 1410

(5) The owner of a vessel, upon which a lien or security 1411

interest has been filed with the department or noted upon a 1412

certificate of title for a period of 5 years, may apply to the 1413

department in writing for such lien or security interest to be 1414

removed from the department files or from the certificate of 1415

title. The application must be accompanied by evidence 1416

satisfactory to the department that the applicant has notified 1417

the lienholder or secured party by certified mail, not less than 1418

20 days before prior to the date of the application, of his or 1419

her intention to apply to the department for removal of the lien 1420

or security interest. Ten days after receipt of the application, 1421

the department may remove the lien or security interest from its 1422

files or from the certificate of title, as the case may be, if 1423

no statement in writing protesting removal of the lien or 1424

security interest is received by the department from the 1425

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lienholder or secured party within the 10-day period. However, 1426

if the lienholder or secured party files with the department, 1427

within the 10-day period, a written statement that the lien or 1428

security interest is still outstanding, the department may not 1429

remove the lien or security interest until the lienholder or 1430

secured party presents a satisfaction of lien or satisfaction of 1431

security interest to the department. 1432



328.165 Cancellation of certificates.— 1435

(1) If it appears that a certificate of title has been 1436

improperly issued, the department shall cancel the certificate. 1437

Upon cancellation of any certificate of title, the department 1438

shall notify the person to whom the certificate of title was 1439

issued, and any lienholders or secured parties appearing 1440

thereon, of the cancellation and shall demand the surrender of 1441

the certificate of title; however, the cancellation does not 1442

affect the validity of any lien or security interest noted 1443

thereon. The holder of the certificate of title shall 1444

immediately return it to the department. If a certificate of 1445

registration has been issued to the holder of a certificate of 1446

title so canceled, the department shall immediately cancel the 1447

certificate of registration and demand the return of the 1448

certificate of registration, and the holder of such certificate 1449

of registration shall immediately return it to the department. 1450

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to read: 1452

328.215 Application for transfer of ownership or 1453

termination of security interest without certificate of title.— 1454

(1) Except as otherwise provided in s. 328.23 or s. 1455

328.24, if the department receives, unaccompanied by a signed 1456

certificate of title, an application for a new certificate that 1457

includes an indication of a transfer of ownership or a 1458

termination statement, the department may create a new 1459

certificate under this section only if: 1460

(a) All other requirements under ss. 328.01 and 328.09 are 1461

met; 1462

(b) The applicant provides an affidavit stating facts 1463

showing the applicant is entitled to a transfer of ownership or 1464

termination statement; 1465

(c) The applicant provides the department with 1466

satisfactory evidence that notification of the application has 1467

been sent to the owner of record and all persons indicated in 1468

the files of the department as having an interest, including a 1469

security interest, in the vessel; at least 45 days have passed 1470

since the notification was sent; and the department has not 1471

received an objection from any of those persons; and 1472

(d) The applicant submits any other information required 1473

by the department as evidence of the applicant's ownership or 1474

right to terminate the security interest, and the department has 1475

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no credible information indicating theft, fraud, or an 1476

undisclosed or unsatisfied security interest, lien, or other 1477

claim to an interest in the vessel. 1478

(2) The department may indicate in a certificate of title 1479

created under subsection (1) that the certificate was created 1480

without submission of a signed certificate or termination 1481

statement. Unless credible information indicating theft, fraud, 1482

or an undisclosed or unsatisfied security interest, lien, or 1483

other claim to an interest in the vessel is delivered to the 1484

department not later than 1 year after creation of the 1485

certificate, on request in a form and manner required by the 1486

department, the department shall remove the indication from the 1487

certificate. 1488

(3) Before the department creates a certificate of title 1489

under subsection (1), the department may require the applicant 1490

to post a reasonable bond or provide an equivalent source of 1491

indemnity or security. The bond, indemnity, or other security 1492

must be in a form required by the department and provide for 1493

indemnification of any owner, purchaser, or other claimant for 1494

any expense, loss, delay, or damage, including reasonable 1495

attorney fees and costs, but not including incidental or 1496

consequential damages, resulting from creation or amendment of 1497

the certificate. 1498

(4) Unless the department receives a claim for indemnity 1499

not later than 1 year after creation of a certificate of title 1500

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under subsection (1), on request in a form and manner required 1501

by the department, the department shall release any bond, 1502

indemnity, or other security. The department is not liable to a 1503

person or entity for creating a certificate of title under this 1504

section when the department issues the certificate of title in 1505

good faith based on the information provided by an applicant. An 1506

applicant that submits erroneous or fraudulent information with 1507

the intent to mislead the department into issuing a certificate 1508

of title under this section is subject to the penalties 1509

established in s. 328.045(4) in addition to any other criminal 1510

or civil penalties provided by law. 1511


to read: 1513

328.22 Transfer of ownership.— 1514

(1) On voluntary transfer of an ownership interest in a 1515

vessel covered by a certificate of title, the following 1516

requirements apply: 1517

(a) If the certificate is a written certificate of title 1518

and the transferor's interest is noted on the certificate, the 1519

transferor shall promptly sign the certificate and deliver it to 1520

the transferee. If the transferor does not have possession of 1521

the certificate, the person in possession of the certificate has 1522

a duty to facilitate the transferor's compliance with this 1523

paragraph. A secured party does not have a duty to facilitate 1524

the transferor's compliance with this paragraph if the proposed 1525

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transfer is prohibited by the security agreement. 1526

(b) If the certificate of title is an electronic 1527

certificate of title, the transferor shall promptly sign by 1528

hand, or electronically if available, and deliver to the 1529

transferee a record evidencing the transfer of ownership to the 1530

transferee. 1531

(c) The transferee has a right enforceable by specific 1532

performance to require the transferor to comply with paragraph 1533

(a) or paragraph (b). 1534

(2) The creation of a certificate of title identifying the 1535

transferee as owner of record satisfies subsection (1). 1536

(3) A failure to comply with subsection (1) or to apply 1537

for a new certificate of title does not render a transfer of 1538

ownership of a vessel ineffective between the parties. Except as 1539

otherwise provided in s. 328.101, s. 328.14(1), s. 328.145, or 1540

s. 328.23, a transfer of ownership without compliance with 1541

subsection (1) is not effective against another person claiming 1542

an interest in the vessel. 1543

(4) A transferor that complies with subsection (1) is not 1544

liable as owner of the vessel for an event occurring after the 1545

transfer, regardless of whether the transferee applies for a new 1546



to read: 1549

328.23 Transfer of ownership by secured party's transfer 1550

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statement.— 1551

(1) In this section, "secured party's transfer statement" 1552

means a record signed by the secured party of record stating: 1553

(a) That there has been a default on an obligation secured 1554

by the vessel; 1555

(b) That the secured party of record is exercising or has 1556

exercised post-default remedies with respect to the vessel; 1557

(c) That by reason of the exercise, the secured party of 1558

record has the right to transfer the ownership interest of an 1559

owner, and the name of the owner; 1560

(d) The name and last known mailing address of the owner 1561

of record and the secured party of record; 1562

(e) The name of the transferee; 1563

(f) Other information required by s. 328.01(2); and 1564

(g) One of the following: 1565

1. The certificate of title is an electronic certificate; 1566

2. The secured party does not have possession of the 1567

written certificate of title created in the name of the owner of 1568

record; or 1569

3. The secured party is delivering the written certificate 1570

of title to the department with the secured party's transfer 1571

statement. 1572

(2) Unless the department rejects a secured party's 1573

transfer statement for a reason stated in s. 328.09(3), not 1574

later than 30 days after delivery to the department of the 1575

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statement and payment of fees and taxes payable under the laws 1576

of this state other than this part in connection with the 1577

statement or the acquisition or use of the vessel, the 1578




transfer; and 1582






owner; and 1588



(3) An application under subsection (1) or the creation of 1591

a certificate of title under subsection (2) is not by itself a 1592

disposition of the vessel and does not by itself relieve the 1593

secured party of its duties under chapter 679. 1594


to read: 1596

328.24 Transfer by operation of law.— 1597

(1) In this section, "by operation of law" means pursuant 1598

to a law or judicial order affecting ownership of a vessel: 1599

(a) Because of death, divorce, or other family law 1600

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proceeding, merger, consolidation, dissolution, or bankruptcy; 1601

(b) Through the exercise of the rights of a lien creditor 1602

or a person having a lien created by statute or rule of law; or 1603

(c) Through other legal process. 1604

(2) A transfer-by-law statement must contain: 1605

(a) The name and last known mailing address of the owner 1606

of record and the transferee and the other information required 1607

by s. 328.01; 1608

(b) Documentation sufficient to establish the transferee's 1609

ownership interest or right to acquire the ownership interest; 1610

(c) A statement that: 1611

1. The certificate of title is an electronic certificate 1612

of title; 1613

2. The transferee does not have possession of the written 1614

certificate of title created in the name of the owner of record; 1615

or 1616

3. The transferee is delivering the written certificate to 1617

the department with the transfer-by-law statement; and 1618

(d) Except for a transfer described in paragraph (1)(a), 1619

evidence that notification of the transfer and the intent to 1620

file the transfer-by-law statement has been sent to all persons 1621

indicated in the files of the department as having an interest, 1622

including a security interest, in the vessel. 1623

(3) Unless the department rejects a transfer-by-law 1624

statement for a reason stated in s. 328.09(3) or because the 1625

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statement does not include documentation satisfactory to the 1626

department as to the transferee's ownership interest or right to 1627

acquire the ownership interest, not later than 30 days after 1628

delivery to the department of the statement and payment of fees 1629

and taxes payable under the law of this state other than this 1630

part in connection with the statement or with the acquisition or 1631

use of the vessel, the department shall: 1632



transfer; and 1635






owner; 1641

3. Indicate on the new certificate any security interest 1642

indicated on the canceled certificate, unless a court order 1643

provides otherwise; and 1644



(4) This section does not apply to a transfer of an 1647

interest in a vessel by a secured party under part VI of chapter 1648

679. 1649


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to read: 1651

328.25 Supplemental principles of law and equity.—Unless 1652

displaced by a provision of this part, the principles of law and 1653

equity supplement its provisions. 1654


to read: 1656

328.41 Rulemaking.—The department may adopt rules pursuant 1657

to ss. 120.536(1) and 120.54 to implement this part. 1658


to read: 1660

409.2575 Liens on motor vehicles and vessels.— 1661

(1) The director of the state IV-D program, or the 1662

director's designee, may cause a lien for unpaid and delinquent 1663

support to be placed upon motor vehicles, as defined in chapter 1664

320, and upon vessels, as defined in chapter 327, that are 1665

registered in the name of an obligor who is delinquent in 1666

support payments, if the title to the property is held by a 1667

lienholder, in the manner provided in chapter 319 or, if 1668

applicable in accordance with s. 328.15(9), chapter 328. Notice 1669

of lien shall not be mailed unless the delinquency in support 1670

exceeds $600. 1671

(2) If the first lienholder fails, neglects, or refuses to 1672

forward the certificate of title to the appropriate department 1673

as requested pursuant to s. 319.24 or, if applicable in 1674

accordance with s. 328.15(9), s. 328.15, the director of the IV-1675

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D program, or the director's designee, may apply to the circuit 1676

court for an order to enforce the requirements of s. 319.24 or 1677

s. 328.15, whichever applies. 1678



705.103 Procedure for abandoned or lost property.— 1681

(2) Whenever a law enforcement officer ascertains that an 1682

article of lost or abandoned property is present on public 1683

property and is of such nature that it cannot be easily removed, 1684

the officer shall cause a notice to be placed upon such article 1685

in substantially the following form: 1686

NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 1687

PROPERTY. This property, to wit: ...(setting forth brief 1688

description)... is unlawfully upon public property known as 1689

...(setting forth brief description of location)... and must be 1690

removed within 5 days; otherwise, it will be removed and 1691

disposed of pursuant to chapter 705, Florida Statutes. The owner 1692

will be liable for the costs of removal, storage, and 1693

publication of notice. Dated this: ...(setting forth the date of 1694

posting of notice)..., signed: ...(setting forth name, title, 1695

address, and telephone number of law enforcement officer).... 1696

Such notice shall be not less than 8 inches by 10 inches and 1697

shall be sufficiently weatherproof to withstand normal exposure 1698

to the elements. In addition to posting, the law enforcement 1699

officer shall make a reasonable effort to ascertain the name and 1700

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address of the owner. If such is reasonably available to the 1701

officer, she or he shall mail a copy of such notice to the owner 1702

on or before the date of posting. If the property is a motor 1703

vehicle as defined in s. 320.01(1) or a vessel as defined in s. 1704

327.02, the law enforcement agency shall contact the Department 1705

of Highway Safety and Motor Vehicles in order to determine the 1706

name and address of the owner and any person who has filed a 1707

lien on the vehicle or vessel as provided in s. 319.27(2) or (3) 1708

or s. 328.15(1). On receipt of this information, the law 1709

enforcement agency shall mail a copy of the notice by certified 1710

mail, return receipt requested, to the owner and to the 1711

lienholder, if any, except that a law enforcement officer who 1712

has issued a citation for a violation of s. 823.11 to the owner 1713

of a derelict vessel is not required to mail a copy of the 1714

notice by certified mail, return receipt requested, to the 1715

owner. If, at the end of 5 days after posting the notice and 1716

mailing such notice, if required, the owner or any person 1717

interested in the lost or abandoned article or articles 1718

described has not removed the article or articles from public 1719

property or shown reasonable cause for failure to do so, the 1720

following shall apply: 1721

(a) For abandoned property, the law enforcement agency may 1722

retain any or all of the property for its own use or for use by 1723

the state or unit of local government, trade such property to 1724

another unit of local government or state agency, donate the 1725

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property to a charitable organization, sell the property, or 1726

notify the appropriate refuse removal service. 1727

(b) For lost property, the officer shall take custody and 1728

the agency shall retain custody of the property for 90 days. The 1729

agency shall publish notice of the intended disposition of the 1730

property, as provided in this section, during the first 45 days 1731

of this time period. 1732

1. If the agency elects to retain the property for use by 1733

the unit of government, donate the property to a charitable 1734

organization, surrender such property to the finder, sell the 1735

property, or trade the property to another unit of local 1736

government or state agency, notice of such election shall be 1737

given by an advertisement published once a week for 2 1738

consecutive weeks in a newspaper of general circulation in the 1739

county where the property was found if the value of the property 1740

is more than $100. If the value of the property is $100 or less, 1741

notice shall be given by posting a description of the property 1742

at the law enforcement agency where the property was turned in. 1743

The notice must be posted for not less than 2 consecutive weeks 1744

in a public place designated by the law enforcement agency. The 1745

notice must describe the property in a manner reasonably 1746

adequate to permit the rightful owner of the property to claim 1747

it. 1748

2. If the agency elects to sell the property, it must do 1749

so at public sale by competitive bidding. Notice of the time and 1750

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place of the sale shall be given by an advertisement of the sale 1751

published once a week for 2 consecutive weeks in a newspaper of 1752

general circulation in the county where the sale is to be held. 1753

The notice shall include a statement that the sale shall be 1754

subject to any and all liens. The sale must be held at the 1755

nearest suitable place to that where the lost or abandoned 1756

property is held or stored. The advertisement must include a 1757

description of the goods and the time and place of the sale. The 1758

sale may take place no earlier than 10 days after the final 1759

publication. If there is no newspaper of general circulation in 1760

the county where the sale is to be held, the advertisement shall 1761

be posted at the door of the courthouse and at three other 1762

public places in the county at least 10 days prior to sale. 1763

Notice of the agency's intended disposition shall describe the 1764

property in a manner reasonably adequate to permit the rightful 1765

owner of the property to identify it. 1766



721.08 Escrow accounts; nondisturbance instruments; 1769

alternate security arrangements; transfer of legal title.— 1770

(2) One hundred percent of all funds or other property 1771

which is received from or on behalf of purchasers of the 1772

timeshare plan or timeshare interest prior to the occurrence of 1773

events required in this subsection shall be deposited pursuant 1774

to an escrow agreement approved by the division. The funds or 1775

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other property may be released from escrow only as follows: 1776

(c) Compliance with conditions.— 1777

1. Timeshare licenses.—If the timeshare plan is one in 1778

which timeshare licenses are to be sold and no cancellation or 1779








(III) Closing. 1787

(IV) Either: 1788

(A) Execution, delivery, and recordation by each 1789


instrument, as described in this section; or 1791

(B) Transfer by the developer of legal title to the 1792

subject accommodations and facilities, or all use rights 1793

therein, into a trust satisfying the requirements of 1794

subparagraph 4. and the execution, delivery, and recordation by 1795

each other interestholder of the nondisturbance and notice to 1796


b. A certified copy of each recorded nondisturbance and 1798

notice to creditors instrument. 1799

c. One of the following: 1800

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(I) A copy of a memorandum of agreement, as defined in s. 1801

721.05, together with satisfactory evidence that the original 1802

memorandum of agreement has been irretrievably delivered for 1803

recording to the appropriate official responsible for 1804

maintaining the public records in the county in which the 1805

subject accommodations and facilities are located. The original 1806

memorandum of agreement must be recorded within 180 days after 1807

the date on which the purchaser executed her or his purchase 1808

agreement. 1809

(II) A notice delivered for recording to the appropriate 1810

official responsible for maintaining the public records in each 1811

county in which the subject accommodations and facilities are 1812

located notifying all persons of the identity of an independent 1813

escrow agent or trustee satisfying the requirements of 1814

subparagraph 4. that shall maintain separate books and records, 1815

in accordance with good accounting practices, for the timeshare 1816

plan in which timeshare licenses are to be sold. The books and 1817

records shall indicate each accommodation and facility that is 1818

subject to such a timeshare plan and each purchaser of a 1819

timeshare license in the timeshare plan. 1820

2. Timeshare estates.—If the timeshare plan is one in 1821

which timeshare estates are to be sold and no cancellation or 1822




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(III) Closing. 1830

b. If the timeshare estate is sold by agreement for deed, 1831

a certified copy of the recorded nondisturbance and notice to 1832


c. Evidence that each accommodation and facility: 1834

(I) Is free and clear of the claims of any 1835

interestholders, other than the claims of interestholders that, 1836

through a recorded instrument, are irrevocably made subject to 1837

the timeshare instrument and the use rights of purchasers made 1838

available through the timeshare instrument; 1839

(II) Is the subject of a recorded nondisturbance and 1840

notice to creditors instrument that complies with subsection (3) 1841

and s. 721.17; or 1842

(III) Has been transferred into a trust satisfying the 1843

requirements of subparagraph 4. 1844

d. Evidence that the timeshare estate: 1845

(I) Is free and clear of the claims of any 1846

interestholders, other than the claims of interestholders that, 1847

through a recorded instrument, are irrevocably made subject to 1848

the timeshare instrument and the use rights of purchasers made 1849

available through the timeshare instrument; or 1850

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(II) Is the subject of a recorded nondisturbance and 1851

notice to creditors instrument that complies with subsection (3) 1852

and s. 721.17. 1853

3. Personal property timeshare interests.—If the timeshare 1854

plan is one in which personal property timeshare interests are 1855

to be sold and no cancellation or default has occurred, the 1856

escrow agent may release the escrowed funds or other property to 1857

or on the order of the developer upon presentation of: 1858





(III) Closing. 1863

b. If the personal property timeshare interest is sold by 1864

agreement for transfer, evidence that the agreement for transfer 1865

complies fully with s. 721.06 and this section. 1866

c. Evidence that one of the following has occurred: 1867

(I) Transfer by the owner of the underlying personal 1868


facilities or all use rights therein into a trust satisfying the 1870

requirements of subparagraph 4.; or 1871

(II) Transfer by the owner of the underlying personal 1872


facilities or all use rights therein into an owners' association 1874

satisfying the requirements of subparagraph 5. 1875

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d. Evidence of compliance with the provisions of 1876

subparagraph 6., if required. 1877

e. If a personal property timeshare plan is created with 1878

respect to accommodations and facilities that are located on or 1879

in an oceangoing vessel, including a "documented vessel" or a 1880

"foreign vessel," as defined and governed by 46 U.S.C. chapter 1881

301: 1882

(I) In making the transfer required in sub-subparagraph 1883

c., the developer shall use as its transfer instrument a 1884

document that establishes and protects the continuance of the 1885

use rights in the subject accommodations and facilities in a 1886

manner that is enforceable by the trust or owners' association. 1887

(II) The transfer instrument shall comply fully with the 1888

provisions of this chapter, shall be part of the timeshare 1889

instrument, and shall contain specific provisions that: 1890

(A) Prohibit the vessel owner, the developer, any manager 1891

or operator of the vessel, the owners' association or the 1892

trustee, the managing entity, or any other person from incurring 1893

any liens against the vessel except for liens that are required 1894

for the operation and upkeep of the vessel, including liens for 1895

fuel expenditures, repairs, crews' wages, and salvage, and 1896

except as provided in sub-sub-subparagraphs 4.b.(III) and 1897

5.b.(III). All expenses, fees, and taxes properly incurred in 1898

connection with the creation, satisfaction, and discharge of any 1899

such permitted lien, or a prorated portion thereof if less than 1900

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all of the accommodations on the vessel are subject to the 1901

timeshare plan, shall be common expenses of the timeshare plan. 1902

(B) Grant a lien against the vessel in favor of the 1903

owners' association or trustee to secure the full and faithful 1904

performance of the vessel owner and developer of all of their 1905

obligations to the purchasers. 1906

(C) Establish governing law in a jurisdiction that 1907

recognizes and will enforce the timeshare instrument and the 1908

laws of the jurisdiction of registry of the vessel. 1909

(D) Require that a description of the use rights of 1910

purchasers be posted and displayed on the vessel in a manner 1911

that will give notice of such rights to any party examining the 1912

vessel. This notice must identify the owners' association or 1913

trustee and include a statement disclosing the limitation on 1914

incurring liens against the vessel described in sub-sub-sub-1915

subparagraph (A). 1916

(E) Include the nondisturbance and notice to creditors 1917

instrument for the vessel owner and any other interestholders. 1918

(F) The owners' association created under subparagraph 5. 1919

or trustee created under subparagraph 4. shall have access to 1920

any certificates of classification in accordance with the 1921

timeshare instrument. 1922

(III) If the vessel is a foreign vessel, the vessel must 1923

be registered in a jurisdiction that permits a filing evidencing 1924

the use rights of purchasers in the subject accommodations and 1925

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facilities, offers protection for such use rights against 1926

unfiled and inferior claims, and recognizes the document or 1927

instrument creating such use rights as a lien against the 1928

vessel. 1929

(IV) In addition to the disclosures required by s. 1930

721.07(5), the public offering statement and purchase contract 1931

must contain a disclosure in conspicuous type in substantially 1932

the following form: 1933

The laws of the State of Florida govern the offering of this 1934

timeshare plan in this state. There are inherent risks in 1935

purchasing a timeshare interest in this timeshare plan because 1936

the accommodations and facilities of the timeshare plan are 1937

located on a vessel that will sail into international waters and 1938

into waters governed by many different jurisdictions. Therefore, 1939

the laws of the State of Florida cannot fully protect your 1940

purchase of an interest in this timeshare plan. Specifically, 1941

management and operational issues may need to be addressed in 1942

the jurisdiction in which the vessel is registered, which is 1943

(insert jurisdiction in which vessel is registered). Concerns of 1944

purchasers may be sent to (insert name of applicable regulatory 1945

agency and address). 1946

4. Trust.— 1947


rights therein, are to be transferred into a trust in order to 1949

comply with this paragraph, such transfer shall take place 1950

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pursuant to this subparagraph. If the accommodations or 1951

facilities included in such transfer are subject to a lease, the 1952

unexpired term of the lease must be disclosed as the term of the 1953

timeshare plan pursuant to s. 721.07(5)(f)4. 1954

b. Prior to the transfer of the subject accommodations and 1955

facilities, or all use rights therein, to a trust, any lien or 1956

other encumbrance against such accommodations and facilities, or 1957

use rights therein, shall be made subject to a nondisturbance 1958

and notice to creditors instrument pursuant to subsection (3). 1959

No transfer pursuant to this subparagraph shall become effective 1960

until the trustee accepts such transfer and the responsibilities 1961

set forth herein. A trust established pursuant to this 1962

subparagraph shall comply with the following provisions: 1963

(I) The trustee shall be an individual or a business 1964

entity authorized and qualified to conduct trust business in 1965

this state. Any corporation authorized to do business in this 1966

state may act as trustee in connection with a timeshare plan 1967

pursuant to this chapter. The trustee must be independent from 1968

any developer or managing entity of the timeshare plan or any 1969

interestholder of any accommodation or facility of such plan. 1970

(II) The trust shall be irrevocable so long as any 1971

purchaser has a right to occupy any portion of the timeshare 1972

property pursuant to the timeshare plan. 1973

(III) The trustee shall not convey, hypothecate, mortgage, 1974

assign, lease, or otherwise transfer or encumber in any fashion 1975

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any interest in or portion of the timeshare property with 1976

respect to which any purchaser has a right of use or occupancy 1977

unless the timeshare plan is terminated pursuant to the 1978

timeshare instrument, or such conveyance, hypothecation, 1979

mortgage, assignment, lease, transfer, or encumbrance is 1980

approved by a vote of two-thirds of all voting interests of the 1981

timeshare plan. Subject to s. 721.552, a vote of the voting 1982

interests of the timeshare plan is not required for substitution 1983

or automatic deletion of accommodations or facilities. 1984

(IV) All purchasers of the timeshare plan or the owners' 1985

association of the timeshare plan shall be the express 1986

beneficiaries of the trust. The trustee shall act as a fiduciary 1987

to the beneficiaries of the trust. The personal liability of the 1988

trustee shall be governed by ss. 736.08125, 736.08163, 736.1013, 1989

and 736.1015. The agreement establishing the trust shall set 1990

forth the duties of the trustee. The trustee shall be required 1991

to furnish promptly to the division upon request a copy of the 1992

complete list of the names and addresses of the owners in the 1993

timeshare plan and a copy of any other books and records of the 1994

timeshare plan required to be maintained pursuant to s. 721.13 1995

that are in the possession, custody, or control of the trustee. 1996

All expenses reasonably incurred by the trustee in the 1997

performance of its duties, together with any reasonable 1998

compensation of the trustee, shall be common expenses of the 1999

timeshare plan. 2000

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(V) The trustee shall not resign upon less than 90 days' 2001

prior written notice to the managing entity and the division. No 2002

resignation shall become effective until a substitute trustee, 2003

approved by the division, is appointed by the managing entity 2004

and accepts the appointment. 2005

(VI) The documents establishing the trust arrangement 2006


(VII) For trusts holding property in a timeshare plan 2008

located outside this state, the trust and trustee holding such 2009

property shall be deemed in compliance with the requirements of 2010

this subparagraph if such trust and trustee are authorized and 2011

qualified to conduct trust business under the laws of such 2012

jurisdiction and the agreement or law governing such trust 2013

arrangement provides substantially similar protections for the 2014

purchaser as are required in this subparagraph for trusts 2015

holding property in a timeshare plan in this state. 2016

(VIII) The trustee shall have appointed a registered agent 2017

in this state for service of process. In the event such a 2018

registered agent is not appointed, service of process may be 2019

served pursuant to s. 721.265. 2020

5. Owners' association.— 2021


rights therein, are to be transferred into an owners' 2023

association in order to comply with this paragraph, such 2024

transfer shall take place pursuant to this subparagraph. 2025

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b. Before the transfer of the subject accommodations and 2026

facilities, or all use rights therein, to an owners' 2027

association, any lien or other encumbrance against such 2028

accommodations and facilities, or use rights therein, shall be 2029

made subject to a nondisturbance and notice to creditors 2030

instrument pursuant to subsection (3). No transfer pursuant to 2031

this subparagraph shall become effective until the owners' 2032

association accepts such transfer and the responsibilities set 2033

forth herein. An owners' association established pursuant to 2034

this subparagraph shall comply with the following provisions: 2035

(I) The owners' association shall be a business entity 2036

authorized and qualified to conduct business in this state. 2037

Control of the board of directors of the owners' association 2038

must be independent from any developer or managing entity of the 2039

timeshare plan or any interestholder. 2040

(II) The bylaws of the owners' association shall provide 2041

that the corporation may not be voluntarily dissolved without 2042

the unanimous vote of all owners of personal property timeshare 2043

interests so long as any purchaser has a right to occupy any 2044

portion of the timeshare property pursuant to the timeshare 2045

plan. 2046

(III) The owners' association shall not convey, 2047

hypothecate, mortgage, assign, lease, or otherwise transfer or 2048

encumber in any fashion any interest in or portion of the 2049

timeshare property with respect to which any purchaser has a 2050

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right of use or occupancy, unless the timeshare plan is 2051

terminated pursuant to the timeshare instrument, or unless such 2052

conveyance, hypothecation, mortgage, assignment, lease, 2053

transfer, or encumbrance is approved by a vote of two-thirds of 2054

all voting interests of the association and such decision is 2055

declared by a court of competent jurisdiction to be in the best 2056

interests of the purchasers of the timeshare plan. The owners' 2057

association shall notify the division in writing within 10 days 2058

after receiving notice of the filing of any petition relating to 2059

obtaining such a court order. The division shall have standing 2060

to advise the court of the division's interpretation of the 2061

statute as it relates to the petition. 2062

(IV) All purchasers of the timeshare plan shall be members 2063

of the owners' association and shall be entitled to vote on 2064

matters requiring a vote of the owners' association as provided 2065

in this chapter or the timeshare instrument. The owners' 2066

association shall act as a fiduciary to the purchasers of the 2067

timeshare plan. The articles of incorporation establishing the 2068

owners' association shall set forth the duties of the owners' 2069

association. All expenses reasonably incurred by the owners' 2070

association in the performance of its duties, together with any 2071

reasonable compensation of the officers or directors of the 2072

owners' association, shall be common expenses of the timeshare 2073

plan. 2074

(V) The documents establishing the owners' association 2075

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(VI) For owners' associations holding property in a 2077

timeshare plan located outside this state, the owners' 2078

association holding such property shall be deemed in compliance 2079

with the requirements of this subparagraph if such owners' 2080

association is authorized and qualified to conduct owners' 2081

association business under the laws of such jurisdiction and the 2082

agreement or law governing such arrangement provides 2083

substantially similar protections for the purchaser as are 2084

required in this subparagraph for owners' associations holding 2085

property in a timeshare plan in this state. 2086

(VII) The owners' association shall have appointed a 2087

registered agent in this state for service of process. In the 2088

event such a registered agent cannot be located, service of 2089

process may be made pursuant to s. 721.265. 2090

6. Personal property subject to certificate of title.—If 2091

any personal property that is an accommodation or facility of a 2092

timeshare plan is subject to a certificate of title in this 2093

state pursuant to chapter 319 or chapter 328, the following 2094

notation must be made on such certificate of title pursuant to 2095

s. 319.27(1) or s. 328.15 s. 328.15(1): 2096

The further transfer or encumbrance of the property subject to 2097

this certificate of title, or any lien or encumbrance thereon, 2098

is subject to the requirements of section 721.17, Florida 2099

Statutes, and the transferee or lienor agrees to be bound by all 2100

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of the obligations set forth therein. 2101

7. If the developer has previously provided a certified 2102

copy of any document required by this paragraph, she or he may 2103

for all subsequent disbursements substitute a true and correct 2104

copy of the certified copy, provided no changes to the document 2105

have been made or are required to be made. 2106

8. In the event that use rights relating to an 2107

accommodation or facility are transferred into a trust pursuant 2108

to subparagraph 4. or into an owners' association pursuant to 2109

subparagraph 5., all other interestholders, including the owner 2110

of the underlying fee or underlying personal property, must 2111

execute a nondisturbance and notice to creditors instrument 2112

pursuant to subsection (3). 2113

Section 31. (1) The rights, duties, and interests flowing 2114

from a transaction, certificate of title, or record relating to 2115

a vessel which was validly entered into or created before the 2116

effective date of this act and would be subject to this act if 2117

it had been entered into or created on or after the effective 2118

date of this act remain valid on and after the effective date of 2119

this act. 2120

(2) This act does not affect an action or proceeding 2121

commenced before the effective date of this act. 2122

(3) Except as otherwise provided in subsection (4), a 2123

security interest that is enforceable immediately before the 2124

effective date of this act and would have priority over the 2125

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rights of a person who becomes a lien creditor at that time is a 2126

perfected security interest under this act. 2127

(4) A security interest perfected immediately before the 2128

effective date of this act remains perfected until the earlier 2129

of: 2130

(a) The time perfection would have ceased under the law 2131

under which the security interest was perfected; or 2132

(b) Three years after the effective date of this act. 2133

(5) This act does not affect the priority of a security 2134

interest in a vessel if immediately before the effective date of 2135

this act the security interest is enforceable and perfected, and 2136

that priority is established. 2137

Section 32. Subject to section 25, this act applies to any 2138

transaction, certificate of title, or record relating to a 2139

vessel, even if the transaction, certificate of title, or record 2140

was entered into or created before the effective date of this 2141

act. 2142


This document does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h0475a.TIS DATE: 3/8/2019

HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #: CS/HB 475 Certificates of Title for Vessels SPONSOR(S): Transportation & Infrastructure Subcommittee, Williamson TIED BILLS: IDEN./SIM. BILLS: SB 676


BUDGET/POLICY CHIEF

1) Transportation & Infrastructure Subcommittee 13 Y, 0 N, As CS

Roth Vickers

2) Transportation & Tourism Appropriations Subcommittee


SUMMARY ANALYSIS

The bill incorporates the Uniform Certificate of Title for Vessels Act into Florida’s existing vessel titling law. In doing this, the bill includes numerous changes to the title application requirements, information that must be included on the certificate of title, and the Department of Highway Safety and Motor Vehicle’s (DHSMV) maintenance and public access to vessel title files. In general, the bill:

Cites the short title as the, “Uniform Certificate of Title for Vessels Act.”

Creates a number of new definitions for purposes of vessel titling.

Requires an application for a certificate of title to contain a detailed description of the vessel.

Provides that state law governs all issues relating to the certificate of title for vessels.

Requires a vessel owner to deliver an application and fee for certificate of title for the vessel, no later than 30 days from the date of ownership or the date Florida becomes the state of principal use.

Provides new requirements for the contents of a certificate of title.

Provides certain responsibilities applicable to an owner and insurer of a hull-damaged vessel.

Requires DHSMV to maintain the information contained in all certificates of title and the information submitted with the application.

Specifies that possession of a certificate of title does not by itself provide a right to obtain possession of a vessel.

Provides DHSMV with certain duties relating to creation, issuance, refusal to issue, or cancellation of a certificate of title.

Specifies that a certificate of title is effective even if it contains scriveners errors or does not contain certain required information that DHSMV determines to be inconsequential to the issuing of a certificate of title.

Provides additional requirements for obtaining a duplicate certificate of title.

Provides requirements for the determination and perfection of a security interest in a vessel.

Provides requirements for the delivery of a statement of the termination of a security interest.

Provides requirements for the transfer of ownership in a vessel. This bill appears to have an indeterminate, negative fiscal impact on state government. See Fiscal Analysis for details.

STORAGE NAME: h0475a.TIS PAGE: 2 DATE: 3/8/2019

FULL ANALYSIS


The bill revises Part I of Chapter 328, F.S., governing vessel title certificates and liens, by enacting the Uniform Certificate of Title for Vessels Act. Current Situation Vessel Titling Application for Certificate of Title An owner of a vessel that is required to be titled must apply to the Department of Highway Safety and Motor Vehicles (DHSMV) or county tax collector for a certificate of title. The application1 must include the following: the true name of the owner, the address of the owner, and the complete description of the vessel, including the hull identification number. The application must be signed by the owner and the owner must provide valid identification and pay the prescribed fee.2 An original copy of the manufacturer’s statement of origin for the vessel must be submitted with the application for title of a manufactured vessel sold in Florida. The owner of a manufactured vessel initially sold outside of Florida must provide an original copy of the manufacturer’s statement of origin or the original copy of the executed bill of sale and the most recent certificate of registration for the vessel.3 The owner of a homemade vessel must establish proof of ownership by submitting with the application a notarized statement of the builder (if the vessel is less than 16 feet in length) or a certificate of inspection from the Fish and Wildlife Conservation Commission and a notarized statement of the builder (if the vessel is 16 feet or more in length).4 The owner of a nontitled vessel registered outside of Florida, must establish proof of ownership by surrendering the original copy of the most current certificate of registration issued by the other state or country.5 If a vessel is titled in another state or country, the Department of Highway Safety and Motor Vehicles (DHSMV) will not issue a Florida title until all existing titles are surrendered to DHSMV.6 In making application for a title upon transfer of ownership of a vessel, the new owner must surrender a properly executed last title document issued for that vessel. If a lien exists, and the application for transfer of title is based upon a contractual default, the recorded lienholder must establish proof of right to ownership by submitting with the application the original certificate of title and a copy of the applicable contract upon which the claim of ownership is made. If the claim is based upon a court order or judgment, a copy of such document must accompany the application for transfer of title. If there appears to be any other lien on the vessel, the certificate of title must contain a statement of such a lien.7 In making application for transfer of title from a deceased titled owner, the new owner or surviving co-owner must establish proof of ownership by submitting with the application the original certificate of title and the decedent’s probated last will and testament or letters of administration appointing the personal

1 Department of Highway Safety and Motor Vehicles, Application for Certificate of Title With/Without Registration, available at

https://www.flhsmv.gov/dmv/forms/btr/82040.pdf (last visited January 30, 2019). 2 Section 328.01(1)(a), F.S.

3 Section 328.01(2)(a)&(b), F.S.

4 Section 328.01(2)(c), F.S.

5 Section 328.01(2)(d), F.S.

6 Section 328.01(2)(e), F.S.

7 Section 328.01(3)(a)&(b), F.S.


representative of the decedent. In lieu of a probated last will and testament or letters of administration, a copy of the decedent’s death certificate, a copy of the decedent’s last will and testament, and an affidavit by the decedent’s surviving spouse or heirs affirming rights of ownership may be accepted by DHSMV.8 An owner who has made a valid sale or transfer of a vessel and has delivered possession to a purchaser will not be considered the owner of the vessel and subject to civil liability for the operation of the vessel as long as the owner has surrendered the properly endorsed certificate of title to DHSMV.9 Certificate of Title Required All vessels operated, used, or stored on the waters of Florida must be titled by DHSMV unless it is:

A vessel operated, used, or stored exclusively on private lakes and ponds;

A vessel owned by the United States Government;

A non-motor-powered vessel less than 16 feet in length;

A federally documented vessel;

A vessel already covered by a registration number, if the vessel is not located in this state for a period in excess of 90 consecutive days;

A vessel from a country other than the United States temporarily used, operated, or stored on the waters of this state for a period that is not in excess of 90 days;

An amphibious vessel for which a vehicle title is issued by DHSMV;

A vessel used solely for demonstration, testing, or sales promotional purposes by the manufacturer or dealer; or

A vessel owned and operated by the state.10

However, a vessel may be operated, used, or stored for up to 180 days after the date of application for a certificate of title while the application is pending.11 When selling, assigning, or transferring a titled vessel, the seller must deliver a valid certificate of title to the purchaser. The purchaser has 30 days to file an application for title transfer. The purchaser will be charged a $10 fee for filing a transfer application after the 30-day period.12 A certificate of title is prima facie evidence of the ownership of the vessel.13 Refusal to Issue and Authority to Cancel a Certificate of Title or Registration DHSMV may refuse to issue a certificate of title or registration to any applicant who provides a false statement pertaining to the application for a certificate of title. If DHSMV determines that an owner or dealer named in a certificate of title provided a false statement in applying for the certificate of title, DHSMV may cancel the certificate. DHSMV may cancel any pending application or certificate of title, if DHSMV determines that any title or registration fee or sales tax pertaining to such registration has not been paid upon reasonable notice. DHSMV may not issue a certificate of title to any applicant for any vessel that has been deemed derelict by a law enforcement officer.14 Duplicate Certificate of Title DHSMV may issue a duplicate certificate of title if it receives an application by the person entitled to hold such a certificate and DHSMV is satisfied that the original certificate has been lost, destroyed, or mutilated. DHSMV must charge a fee of $6 for issuing a duplicate certificate. DHSMV may impose a fee of $5 for expedited service in issuing a duplicate certificate of title.15

8 Section 328.01(3)(c), F.S.

9 Section 328.01(3)(d), F.S.

10 Section 328.03(1), F.S.

11 Section 328.03(2), F.S.

12 Section 328.03(3), F.S.

13 Section 328.03(4), F.S.

14 Section 328.09, F.S.

15 Section 328.11(1)-(2), F.S.


If the certificate is lost in transit and is not delivered to the addressee, the owner of the vessel or the holder of a lien may, within 180 days after the date of issuance of the title, apply to DHSMV for reissuance of the certificate of title. An additional fee may not be charged by DHSMV. If the address shown on the application is different from the address shown for the applicant, DHSMV will verify the certificate is delivered to an authorized receiver.16 Notice of Lien on Vessel and Recording A lien for purchase money or as security for a debt in the form of retain title contract, conditional bill of sale, chattel mortgage, or otherwise on a vessel, is enforceable unless a sworn notice of such lien is recorded. The lien certificate must contain the following information:

Name and address of the registered owner;

Date of lien;

Description of the vessel to include make, type, motor and serial number; and

Name and address of lienholder.

The lien must be recorded by DHSMV.17 DHSMV will not record a lien unless the official certificate of title is furnished with the notice of lien. Once the lien is recorded, the certificate of title will be held by the first lien holder until the lien is paid in full.18 When a vessel is registered in the names of two or more people by the use of the word “or” each person has the right to place a lien or notice of lien with only his or her signature. When the vessel is registered by the use of the word “and,” the signature of each coowner is required in order to place a lien on the vessel.19 If the owner of the vessel or the director of the state child support enforcement program desires to place a second or subsequent lien against the vessel when the title certificate is in the possession of the first lienholder, the owner must send a written request to the first lienholder by certified mail and the first lienholder must forward the certificate to DHSMV for endorsement.20 Once the lien is paid in full, the lienholder must provide the owner with a satisfaction of lien, which will be filed with DHSMV.21 DHSMV may promulgate rules to substitute the formal satisfaction of liens.22 DHSMV may collect a fee of $1 for the recording of each notice of lien, but no fee may be collected for recording the satisfaction of a lien.23 A lienholder holding a satisfied lien who fails to issue a satisfaction of the lien within 30 days of satisfaction will be held liable for all costs, damages, and expenses by the registered owner of such vessel. If the certificate of title shows a subsequent lien that has not been discharged, an executed satisfaction of the first lien must be delivered by the lienholder to the owner, and the certificate of title showing satisfaction of the first lien must be forwarded by the lienholder to the DHSMV within 10 days after satisfaction of the lien.24 A lienholder who is noncompliant with the 10-day time period commits a misdemeanor of the second degree.25 If the original certificate of title cannot be returned to DHSMV by the lienholder, and all liens have been satisfied, upon application by the owner, a duplicate copy of the certificate of title without lien will be

16

Section 328.11(3)-(4), F.S. 17

Section 328.15(1), F.S. 18

Section 328.15(2)(a), F.S. 19

Section 328.15(2)(b), F.S. 20

Section 328.15(2)(c), F.S. 21

Section 328.15(3), F.S. 22

Section 328.15(4), F.S. 23

Section 328.15(6), F.S. 24

Section 328.15(7), F.S. 25

Section 328.15(9), F.S.


issued to the owner.26 If the original lienholder assigns his or her lien to another person, the new lienholder may have his or her name substituted as lienholder.27

Uniform Law Commission The Uniform Law Commission (ULC), also known as the National Conference of Commissioners on Uniform State Laws, was established in 1892 and provides states with legislation that strives to bring clarity to areas of state statutory law.28 ULC commissioners must be lawyers qualified to practice law. State governments as well as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands appoint ULC commissioners to research, draft, and promote enactment of uniform state laws in areas of state law where uniformity is desirable and practical.29 The ULC aims to strengthen the federal system by providing rules and procedures that are consistent from state to state.30 Uniform Certificate of Title for Vessels Act The Uniform Certificate of Title for Vessels Act (UCOTVA) was drafted by the ULC in 2011.31 The principal objectives of the UCOTVA are to: (i) Qualify as a state titling law that the Coast Guard will approve; (ii) Facilitate transfers of ownership of a vessel; (iii) Deter and impede the theft of vessels by making information about the ownership of vessels

available to both government officials and those interested in acquiring an interest in a vessel; (iv) Accommodate existing financing arrangements for vessels; (v) Work seamlessly with the Uniform Commercial Code; (vi) Manage, to the extent possible, the complications that can arise from a vessel’s transition in or

out of federal documentation; (vii) Provide clear rules on the consequences of compliance or noncompliance; (viii) Impose minimal or no new burdens or costs on state titling offices; and (ix) Protect buyers and others acquiring an interest in an undocumented vessel by requiring that the

title for the vessel be branded if a casualty or sinking has caused significant damage to the vessel’s hull integrity.

Few states currently brand the title of vessels, with the result that vessels with hidden hull damage are often salvaged and resold after cosmetic repairs without disclosure of the damage. The UCOTVA creates two title brands, one that owners are required to place on the title and a second, supervening brand that insurers are required to place on the title. The act encourages compliance with its branding rules by imposing an administrative penalty on owners who fail to comply and by having insurers who fail to comply make a warranty that the hull is merchantable.32 The UCOTVA has been enacted in Virginia (2013), Connecticut (2014), Washington D.C. (2015), and Hawaii (2018). 33 Proposed Changes Section 1 – Short Title The bill creates s. 328.001, F.S., citing the short title as the, “Uniform Certificate of Title for Vessels Act”.

26

Section 328.15(8), F.S. 27

Section 328.15(11), F.S. 28

Uniform Law Commission, About Us, available at http://www.uniformlaws.org/aboutulc/overview (last visited January 29, 2019). 29

Id. 30

Id. 31

Esson McKenzie Miller, Jr., et. al., Uniform Certificate of Title Act for Vessels, National Conference of Commissioner on Uniform State Laws, March 9, 2011, available at file:///C:/Users/Roth.Danielle/Downloads/CaBOgC2RZ629ydfZfJIA_COTAV_%20Post%20March%202011%20Cmte%20Mtg%20Draft_030911.pdf (last visited January 29, 2019). 32

Id. at p. 2-3. 33

Uniform Law Commission, Certificate of Title for Vessels Act, available at https://www.uniformlaws.org/committees/community-home?CommunityKey=61fb3255-092e-4e91-982b-6fa1ae66fd82 (last visited January 29, 2019).


Section 2 - Definitions The bill creates s. 328.0015, F.S., providing the following definitions:

"Barge" means a vessel that is not self-propelled or fitted for propulsion by sail, paddle, oar, or similar device.

"Builder's certificate" means a certificate of the facts of build of a vessel described in 46 C.F.R. s. 67.99.

"Buyer" means a person who buys or contracts to buy a vessel.

"Cancel," with respect to a certificate of title, means to make the certificate ineffective.

"Certificate of origin" means a record created by a manufacturer or importer as the manufacturer's or importer's proof of identity of a vessel. The term includes a manufacturer's certificate or statement of origin and an importer's certificate or statement of origin. The term does not include a builder's certificate.

"Certificate of title" means a record, created by the department or by a governmental agency of another jurisdiction under the law of that jurisdiction that is designated as a certificate of title by the department or agency and is evidence of ownership of a vessel.

"Dealer" means a person, including a manufacturer, in the business of selling vessels.

"Department" means the Department of Highway Safety and Motor Vehicles.

"Documented vessel" means a vessel covered by a certificate of documentation issued pursuant to 46 U.S.C. s. 12105. The term does not include a foreign-documented vessel.

"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

"Electronic certificate of title" means a certificate of title consisting of information that is stored solely in an electronic medium and is retrievable in perceivable form.

"Foreign-documented vessel" means a vessel the ownership of which is recorded in a registry maintained by a country other than the United States which identifies each person who has an ownership interest in a vessel and includes a unique alphanumeric designation for the vessel.

"Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.

"Hull damaged" means compromised with respect to the integrity of a vessel's hull by a collision, allision, lightning strike, fire, explosion, running aground, or similar occurrence, or the sinking of a vessel in a manner that creates a significant risk to the integrity of the vessel's hull.

"Hull identification number" means the alphanumeric designation assigned to a vessel pursuant to 33 C.F.R. part 181.

"Lien creditor," with respect to a vessel, means: 1. A creditor that has acquired a lien on the vessel by attachment, levy, or the like; 2. An assignee for benefit of creditors from the time of assignment; 3. A trustee in bankruptcy from the date of the filing of the petition; or 4. A receiver in equity from the time of appointment.

"Owner" means a person who has legal title to a vessel.

"Owner of record" means the owner indicated in the files of the department or, if the files indicate more than one owner, the one first indicated.

"Person" means an individual, corporation, business trust, estate, trust, statutory trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

"Purchase" means to take by sale, lease, mortgage, pledge, consensual lien, security interest, gift, or any other voluntary transaction that creates an interest in a vessel.

"Purchaser" means a person who takes by purchase.

"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Secured party," with respect to a vessel, means a person: 1. In whose favor a security interest is created or provided for under a security agreement, regardless of whether any obligation to be secured is outstanding; 2. Who is a consignor as defined under chapter 679; or


3. Who holds a security interest arising under s. 672.401, s. 672.505, s. 672.711(3), or s. 680.508(5).

"Secured party of record" means the secured party whose name is indicated as the name of the secured party in the files of the department or, if the files indicate more than one secured party, the one first indicated.

"Security interest" means an interest in a vessel which secures payment or performance of an obligation if the interest is created by contract or arises under s. 672.401, s. 672.505, s. 672.711(3), or s. 680.508(5). The term includes any interest of a consignor in a vessel in a transaction that is subject to chapter 679. The term does not include the special property interest of a buyer of a vessel on identification of that vessel to a contract for sale under s. 672.501, but a buyer also may acquire a security interest by complying with chapter 679. Except as otherwise provided in s. 672.505, the right of a seller or lessor of a vessel under chapter 672 or chapter 680 to retain or acquire possession of the vessel is not a security interest, but a seller or lessor also may acquire a security interest by complying with chapter 679. The retention or reservation of title by a seller of a vessel notwithstanding shipment or delivery to the buyer under s. 672.401 is limited in effect to a reservation of a security interest. Whether a transaction in the form of a lease creates a security interest is determined as provided in part II of chapter 671.

"Sign" means, with present intent to authenticate or adopt a record, to: 1. Make or adopt a tangible symbol; or 2. Attach to or logically associate with the record an electronic symbol, sound, or process.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

"State of principal use" means the state on the waters of which a vessel is or will be used, operated, navigated, or employed more than on the waters of any other state during a calendar year.

"Title brand" means a designation of previous damage, use, or condition that must be indicated on a certificate of title.

"Transfer of ownership" means a voluntary or involuntary conveyance of an interest in a vessel.

"Vessel" means a watercraft used or capable of being used as a means of transportation on water, except: 1. A seaplane; 2. An amphibious vehicle for which a certificate of title is issued pursuant to chapter 319 or a similar statute of another state; 3. Watercraft less than 16 feet in length and propelled solely by sail, paddle, oar, or an engine of less than 10 horsepower; 4. Watercraft that operate only on a permanently fixed, manufactured course and the movement of which is restricted to or guided by means of a mechanical device to which the watercraft is attached or by which the watercraft is controlled; 5. A stationary floating structure that:

a. Does not have and is not designed to have a mode of propulsion of its own; b. Is dependent for utilities upon a continuous utility hookup to a source originating on

shore; and c. Has a permanent, continuous hookup to a shoreside sewage system.

6. Watercraft owned by the United States, a state, or a foreign government or a political subdivision of any of them; and 7. Watercraft used solely as a lifeboat on another watercraft.

"Vessel number" means the alphanumeric designation for a vessel issued pursuant to 46 U.S.C. s. 12301.

"Written certificate of title" means a certificate of title consisting of information inscribed on a tangible medium.

Additionally, the bill incorporates numerous terms defined elsewhere in Florida Statutes.


Section 3 – Application for Certificate of Title The bill amends s. 328.01, F.S., requiring additional information on the application for a certificate of title. The bill requires that an application for certificate of title must be signed by the applicant and contain:

The applicant's name, the street address of the applicant's principal residence, and, if different, the applicant's mailing address;

The name and mailing address of each other owner of the vessel;

The hull identification number for the vessel or, if none, an application for the issuance of a hull identification number for the vessel;

The vessel number for the vessel or, if none issued by DHSMV, an application for a vessel number;

A description of the vessel, which must include: o The official number for the vessel, if any, assigned by the United States Coast Guard; o The name of the manufacturer, builder, or maker; o The model year or the year in which the manufacture or build of the vessel was

completed; o The overall length of the vessel; o The vessel type; o The hull material; o The propulsion type; o The engine drive type, if any; and o The fuel type, if any;

An indication of all security interests in the vessel known to the applicant and the name and mailing address of each secured party;

A statement that the vessel is not a documented vessel or a foreign-documented vessel;

Any title brand known to the applicant and, if known, the jurisdiction under whose law the title brand was created;

If the applicant knows that the vessel is hull damaged, a statement that the vessel is hull damaged;

If the application is made in connection with a transfer of ownership, the transferor's name, street address, and, if different, mailing address, the sales price, if any, and the date of the transfer; and

If the vessel was previously registered or titled in another jurisdiction, a statement identifying each jurisdiction known to the applicant in which the vessel was registered or titled.

Additionally, the bill amends s. 328.01, F.S., requiring an application for a certificate of title to contain an electronic address for the owner, transferor, or secured party. The application for certificate of title must be accompanied by:

A certificate of title signed by the owner shown on the certificate and which: o Identifies the applicant as the owner of the vessel; or o Is accompanied by a record that identifies the applicant as the owner; or

If there is no certificate of title: o If the vessel was a documented vessel, a record issued by the United States Coast

Guard which shows the vessel is no longer a documented vessel and identifies the applicant as the owner;

o If the vessel was a foreign-documented vessel, a record issued by the foreign country which shows the vessel is no longer a foreign-documented vessel and identifies the applicant as the owner; or

o In all other cases, a certificate of origin, bill of sale, or other record that to the satisfaction of DHSMV identifies the applicant as the owner.

Lastly, the bill amends s. 328.01, F.S., providing that DHSMV will maintain any records submitted in connection with an application and may require an application for a certificate of title to be accompanied by payment of all fees and taxes by the applicant.


Section 4 – Duties and Operation of DHSMV The bill creates s. 328.015, F.S., specifying the duties and operation of DHSMV. The bill requires DHSMV to retain the evidence used to establish the accuracy of the information in its files relating to the current ownership of a vessel and the information on the certificate of title. DHSMV must retain all information regarding a security interest in a vessel for at least 10 years after DHSMV receives a termination statement regarding the security interest. The information must be accessible by the hull identification number for the vessel. A person who submits a record to DHSMV may request an acknowledgement of the filing by DHSMV. DHSMV must send the person an acknowledgment showing the hull identification number, the information in the filed record, and the date and time the record was received. DHSMV must send additional information to any person who requests it and pays a fee. DHSMV must send the requested information in a record that is self-authenticating. Section 5 – Applicability of State Law The bill creates s. 328.02, F.S., providing that state law, rather than federal law governs vessels. The state law of the jurisdiction under whose certificate of title a vessel is covered governs all issues relating to the certificate from the time the vessel becomes covered by the certificate34 until the vessel becomes covered by another certificate or becomes a documented vessel. Section 6 – Application Submission and Exceptions The bill amends s. 328.03, F.S., by requiring a vessel owner to deliver an application and fee for certificate of title for the vessel, not later than 30 days from the date of ownership or the date Florida becomes the state of principal use. The bill revises exceptions for titling vessels in Florida. The bill creates the following new exceptions:

A documented vessel;

A foreign-documented vessel;

A barge;

A vessel before delivery if the vessel is under construction or completed pursuant to contract;

A vessel held by a dealer for sale or lease; and

A vessel used solely for demonstration, testing, or sales promotional purposes by the manufacturer or dealer.

The bill also deletes the following current exceptions:

A non-motor-powered vessel less than 16 feet in length;

A federally documented vessel;

An amphibious vessel for which a vehicle title is issued by DHSMV;

A vessel used solely for demonstration, testing, or sales promotional purposes by the manufacturer or dealer; and

A vessel owned and operated by the state.

Additionally, the bill provides requirements for issuing, transferring, or renewing any number issued to an undocumented vessel issued under federal law. The bill deletes the provisions providing that a vessel may be operated, used, or stored for up to 180 days after the date of application for a certificate of title while the application is pending. The bill also deletes the provisions providing that when selling, assigning, or transferring a titled vessel, the seller must deliver a valid certificate of title to the purchaser.

34

A vessel becomes covered by a certificate of title when an application for the certificate and the applicable fee are delivered to DHSMV in accordance with this chapter or to the governmental agency that creates a certificate in another jurisdiction in accordance with the law of that jurisdiction.


Lastly, the bill specifies that a certificate of title is not only prima facie evidence of the ownership of the vessel, but also of the accuracy of the information in the record that constitutes the certificate. Section 7 – Content of the Certificate of Title The bill creates s. 328.04, F.S., providing requirements for the content of a certificate of title. A certificate of title must contain:

The date the certificate was created;

The name of the owner of record and, if not all owners are listed, an indication that there are additional owners indicated in DHSMV’s files;

The mailing address of the owner of record;

The hull identification number;

A description of the vessel as required in s. 328.01(2)(e);

The name and mailing address of the secured party of record; and

All title brands indicated in DHSMV’s files.

Each title brand indicated on a certificate of title must identify the jurisdiction under whose law the title brand was created. If the vessel was previously registered or titled in a foreign country, DHSMV must indicate such fact on the certificate of title. The written certificate of title must contain a form, signed under penalty of perjury, that all owners consent to a transfer of an ownership interest to another person. The written certificate of title must also contain a form for the owner of record to indicate that the vessel is hull damaged. Section 8 – Branded Titles for Hull-Damaged Vessels The bill creates s. 328.045, F.S., providing responsibilities of an owner and insurer of a hull-damaged vessel. If damage occurred to a vessel while the owner was the owner of the vessel and the owner has notice of the damage at the time of the transfer, the owner must:

Deliver to DHSMV an application for a new certificate and include the title brand designation "Hull Damaged"; or

Indicate on the certificate that the vessel is hull damaged and deliver the certificate to the transferee.

Before an insurer transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by DHSMV, the insurer must deliver an application to DHSMV and include the title brand “Hull Damaged.” Once DHSMV receives the above information, DHSMV has 30 days to create a new certificate that indicates that the vessel is branded “Hull Damaged.” An owner or insurer who fails to comply with the above disclosures is subject to a noncriminal infraction of $5,000 for the first offense, $15,000 for a second offense, and $25,000 per offense for every subsequent offense. Section 9 – Maintenance of Access to Vessel Title Files The bill creates s. 328.055, F.S., requiring DHSMV to maintain the information contained in all certificates of title and the information submitted with the application. Specifically, DHSMV must:

Ascertain or assign the hull identification number for the vessel;

Maintain the hull identification number and all the information submitted with the application pursuant to which the record relates, including the date and time the record was delivered to DHSMV;

Maintain the files for public inspection; and

Index the files of DHSMV by hull identification number, vessel number, and name of the owner of record, and any other method used by the department.

Additionally, DHSMV must also maintain in its files for each vessel, all title brands, the name of each secured party known to DHSMV, the name of each person known to DHSMV to be claiming an ownership interest in the vessel, and all stolen property reports DHSMV has received. DHSMV is required to release the information in its files to federal, state, or local governments, and the information provided on the certificate of title is subject to public record.


Section 10 – Notice of Creation of Title The bill creates s. 328.06, F.S., providing responsibilities of DHSMV when creating a certificate of title. On creation of a written or electronic certificate of title, DHSMV must promptly send the certificate or record evidencing the certificate to the secured party or owner of record. If DHSMV creates a written certificate of title, any electronic certificate of title for the vessel is canceled and replaced by the written certificate. Before DHSMV creates an electronic certificate of title, any written certificate must be surrendered to the department. If DHSMV creates an electronic certificate, DHSMV must destroy the written certificate. DHSMV must maintain in its files the date and time of destruction. Section 11 – Limitations on Possession of Title The bill creates s. 328.065, F.S., specifying that possession of a certificate of title does not by itself provide a right to obtain possession of a vessel. Section 12 – Duties and Responsibilities in General The bill amends s. 328.09, F.S., providing DHSMV with duties relating to creation, issuance, refusal to issue, or cancellation of a certificate of title. Unless an application for a certificate of title is rejected, DHSMV must create a certificate for the vessel not later than 30 days after delivery of the application to DHSMV. DHSMV will create an electronic certificate of title unless the owner requests a written certificate. DHSMV may reject an application for a certificate of title only if:

The application is not in compliance;

The application does not contain sufficient documentation for DHSMV to determine whether the applicant is entitled to a certificate;

There is a reasonable basis for concluding that the application is fraudulent or issuance of a certificate would facilitate a fraudulent or illegal act; or

The application does not comply with the laws of this state.

DHSMV must reject an application for a certificate of title for a vessel that is a documented vessel or a foreign-documented vessel. DHSMV may cancel a certificate of title created by DHSMV only if DHSMV:

Could have rejected the application for the certificate;

Is required to cancel the certificate under another provision of this part; or

Receives satisfactory evidence that the vessel is a documented vessel or a foreign-documented vessel.

Lastly, the bill provides that DHSMV’s decision to reject an application for a certificate of title or cancel a certificate of title is subject to a hearing whereby the owner may present evidence in support of or opposition to cancellation or rejection of a certificate of title. Section 13 – Effect of Incorrect or Incomplete Information The bill creates s. 328.101, F.S., specifying that a certificate of title is effective even if it contains unintended or incorrect scriveners errors or does not contain certain required information that DHSMV determines to be inconsequential to the issuing of a certificate of title. Section 14 – Duplicate Certificate of Title The bill amends s. 328.11, F.S., providing additional requirements for obtaining a duplicate certificate of title. In addition to a certificate of title being lost, destroyed, or mutilated, if a certificate is stolen, the owner of record may apply for and, by furnishing information satisfactory to DHSMV, obtain a duplicate certificate in the name of the owner of record. An applicant for a duplicate certificate of title must sign the application and comply with all requirements for title application. The application must include the existing certificate unless the certificate is lost, stolen, mutilated, destroyed, or otherwise unavailable.


The bill provides that a duplicate certificate of title created by DHSMV must comply with all the requirements for the contents of a certificate of title. The duplicate certificate of title must state that it is a “duplicate.” If a person receiving a duplicate certificate of title finds the original certificate, the person must destroy the original certificate. Lastly, the bill removes the provision allowing an applicant for duplicate certificate of title to apply for reissuance of the certificate if the applicant has not received the duplicate title from DHSMV within 180 days after the date of issuance of the certificate. Section 15 – Requirements for Security Interest in a Vessel The bill creates s. 328.12, F.S., providing requirements for the determination and perfection of a security interest in a vessel. A security interest in a vessel can be perfected only by delivery of an application for a certificate of title to DHSMV that identifies the secured party and otherwise complies with all title application requirements. An application identifies a person as a secured party if a person named as an owner, lessor, consignor, or bailor in an application for a certificate of title is a security interest. The bill provides that if DHSMV has created a certificate of title for a vessel, a security interest in the vessel may be perfected by delivery to DHSMV of an application to have the security interest added to the certificate. The application must be signed by an owner of the vessel or by the secured party and must include:

The name of the owner of record;

The name and mailing address of the secured party;

The hull identification number for the vessel; and

If DHSMV has created a written certificate of title for the vessel, the certificate.

On delivery of an application and payment of fees, DHSMV must create a new certificate of title and deliver the new certificate or a record evidencing an electronic certificate. DHSMV must maintain it its files the date and time of delivery of the application to DHSMV. DHSMV is not required to provide a receipt providing the name of the assignee of a secured party. A purchaser of a vessel subject to a security interest who obtains a release from the secured party takes free of the security interest and of the rights of a transferee. The bill provides applicability providing that s. 328.12, F.S, does not apply to a security interest:

A purchaser of a vessel subject to a security interest who obtains a release from the secured party;

In a barge for which no application for a certificate of title has been delivered to DHSMV; or

In a vessel before delivery if the vessel is under construction, or completed, pursuant to contract and for which no application for a certificate has been delivered to DHSMV.

However, s. 328.12, F.S, does apply if a certificate of documentation for a documented vessel is deleted or canceled. Section 16 – Termination of Security Interest The bill creates s. 328.125, F.S., providing requirements for the delivery of a statement of the termination of a security interest. A secured party must deliver a termination statement to DHSMV and, on the debtor's request, to the debtor, by the earlier of:

Twenty days after the secured party receives a signed demand from an owner for a termination statement; or

If the vessel is consumer goods, 30 days after there is no obligation secured by the vessel.

If a written certificate of title has been created and delivered to a secured party and a termination statement is required, the secured party must deliver the certificate to the debtor or to DHSMV with the statement.


The bill provides that on delivery to DHSMV of a termination statement authorized by the secured party, the security interest to which the statement relates ceases to be perfected. DHSMV must create and deliver a new certificate if the security interest was indicated on the certificate of title. Additionally, DHSMV must maintain in its files the date and time of delivery of the statement to DHSMV. Lastly, the bill provides that a secured party that fails to comply with s. 328.125, F.S., is liable for any loss that the secured party had reason to know might result from its lack of compliance. Section 17 – Rights of Non-Secured Parties The bill creates s. 328.14, F.S., providing for the rights of a purchaser of a vessel who is not a secured party. A buyer is afforded protection under the Uniform Commercial Code even if an existing certificate of title was not signed and delivered to the buyer. Section 18 – Rights of Secured Parties The bill creates s. 328.145, F.S., providing for the rights of a secured party. If, a security interest in a vessel is perfected and DHSMV creates a certificate of title that does not indicate that the vessel is subject to the security interest:

A buyer of the vessel takes free of the security interest if the buyer, without knowledge of the security interest, pays for and receives possession of the vessel; and

The security interest is subordinate to a conflicting security interest in the vessel that is perfected after creation of the certificate and without the conflicting secured party's knowledge of the security interest.

Section 19 – Repeal of Notice of Lien on Vessel The bill amends s. 328.15, F.S., by deleting sections 1, 2, and 6 and provides a repeal date of October 1, 2025, for remaining sections (1), (2), and (4) – (8). Section 22 – Application for Transfer of Ownership and Termination of Security Interest The bill creates s. 328.215, F.S., specifying circumstances by which DHSMV may create a new certificate of title after the receipt of an application for a transfer of ownership or termination of a security interest, without the applicant providing a certificate of title. If DHSMV receives an application for a new certificate of title unaccompanied by a signed certificate of title, DHSMV may create a new certificate of title if:

The requirements for application for and information to be included in a certificate of title as well as the requirements for fraud prevention are met;

The applicant provides an affidavit stating facts showing the applicant is entitled to a transfer of ownership or termination statement;

The applicant provides DHSMV with evidence that proper notification of the application has been sent to the owner of record; and

The applicant submits any other information required by DHSMV as evidence of the applicant's ownership or right to terminate the security interest, and DHSMV has no credible information indicating theft, fraud, or an undisclosed or unsatisfied security interest, lien, or other claim to an interest in the vessel.

The bill authorizes DHSMV to indicate certain information on the new certificate of title. DHSMV may indicate in the certificate of title that the certificate was created without submission of a signed certificate or termination statement. If after one year, DHSMV has not received any credible information indicating theft, fraud, unsatisfied security interest, or lien on the vessel, DHSMV must remove the indication from the certificate if requested by the applicant. The bill authorizes DHSMV to require a bond, indemnity, or other security for a vessel title that has a transfer of ownership or security interest and is titled without a signed certificate of title. DHSMV may require the applicant to post a reasonable bond or provide an equal source of indemnity or security. Unless DHSMV receives a claim for indemnity within one year after creation of the certificate of title, DHSMV must release any bond, indemnity, or other security at the request of the applicant. DHSMV is


not liable to any person for creating a certificate of title in good faith based on the information provided by the applicant. Any applicant who intentionally submits erroneous or fraudulent information is subject to a noncriminal infraction of $5,000 for the first offense, $15,000 for a second offense, and $25,000 per offense for every subsequent offense. Section 23 – Voluntary Transfer of Vessel Title Ownership The bill creates s. 328.22, F.S., providing requirements for the transfer of ownership in a vessel. On a voluntary transfer of vessel title ownership, the following rules apply:

If the transferor’s interest is noted on the paper certificate, the transferor must hand sign or sign electronically, if available the certificate and deliver it to the transferee. If the transferor does not have possession of the certificate, the person in possession of the certificate has a duty to facilitate the transfer.

If the certificate of title is an electronic certificate, the transferor must sign and deliver to the transferee a record evidencing the transfer of ownership to the transferee.

The transferee has a right to enforce, by specific performance, the transfer of the certificate of title from the transferor.

Failure to comply with the above rules does not render the transfer of ownership of a vessel ineffective between the parties; however, the transfer may not be effective against another person claiming an interest in the vessel. A transferor who complies with the above rules is not liable as owner of the vessel for an event occurring after the transfer.

Section 24 – Transfer of Ownership by Secured Party The bill creates s. 328.23, F.S., providing a definition for “secured party’s transfer statement”. “Secured party’s transfer statement” means a record signed by the secured party of record stating:

That there has been a default on an obligation secured by the vessel;

That the secured party of record is exercising or has exercised post-default remedies with respect to the vessel;

That by reason of the exercise, the secured party of record has the right to transfer the ownership interest of an owner, and the name of the owner;

The name and last known mailing address of the owner of record and the secured party of record;

The name of the transferee;

Other information required in the application for certificate of title; and

One of the following: o The certificate of title is an electronic certificate; o The secured party does not have possession of the written certificate of title created in

the name of the owner of record; or o The secured party is delivering the written certificate of title to DHSMV with the secured

party's transfer statement.

Additionally, the bill provides DHSMV’s duties upon receipt of a secured party’s transfer statement. Unless DHSMV has cause to reject a secured party’s transfer statement, the department must:

Accept the statement;

Amend its files to reflect the transfer; and

If the name of the owner whose interest is being transferred is indicated on the certificate: o Cancel the certificate even if the certificate has not been delivered to DHSMV; o Create a new certificate indicating the transferee as owner; and o Deliver the new certificate or a record evidencing an electronic certificate.

The secured party is still held to the duties under the Uniform Commercial Code for secured transactions.


Section 25 – Transfer by Operation of Law The bill amends s. 328.24, F.S., providing a definition for “by operation of law”. “By operation of law” means pursuant to a law or judicial order affecting ownership of a vessel:

Because of death, divorce, or other family law proceeding, merger, consolidation, dissolution, or bankruptcy;

Through the exercise of the rights of a lien creditor or a person having a lien created by statute or rule of law; or

Through other legal process.

The bill provides the requirements for a transfer of ownership by operation of law. A transfer-by-law statement must contain:

The name and last known mailing address of the owner of record and the transferee and the other information required for application of title;

Documentation sufficient to establish the transferee's ownership interest or right to acquire the ownership interest;

A statement that: o The certificate of title is an electronic certificate of title; o The transferee does not have possession of the written certificate of title created in the

name of the owner of record; or o The transferee is delivering the written certificate to the department with the transfer-by-

law statement; and

Except for a transfer due to death, divorce, family law proceeding, merger, consolidation, dissolution, or bankruptcy, evidence that notification of the transfer and the intent to file the transfer-by-law statement has been sent to all persons indicated in DHSMV’s files as having an interest, including a security interest, in the vessel.

Unless DHSMV has cause to reject the transfer, the department must:

Accept the statement;

Amend its files to reflect the transfer; and

If the name of the owner whose interest is being transferred is indicated on the certificate: o Cancel the certificate even if the certificate has not been delivered to DHSMV; o Create a new certificate indicating the transferee as owner; o Indicate on the new certificate any security interest indicated on the canceled certificate,

unless a court order provides otherwise; and o Deliver the new certificate or a record evidencing an electronic certificate.

The bill does not apply to defaults under the Uniform Commercial Code. Section 26 – Principles of Law and Equity The bill creates s. 328.25, F.S., providing that the principles and law of equity supplement the provisions of this bill. Section 27 – Rule-Making Authority The bill creates s. 328.41, F.S., specifying that DHSMV has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54, F.S., to implement the provisions of this act. Section 31 – Grandfather Provision The bill grandfathers in the rights, duties, and interests flowing from a transaction, certificate of title, or record created on or before the effective date of this act. Except for in certain circumstances below, a security interest that is enforceable immediately before the effective date of this act and would have priority over the rights of a person who becomes a lien creditor at that time is a perfected security interest under this act.


However, a security interest perfected immediately before the effective date of this act remains perfected until the earlier of:

The time perfection would have ceased under the law under which the security interest was perfected; or

Three years after the effective date of this act.

Section 32 – Retroactive Application The bill provides that subject to section 25 (transfer by operation of law), this act applies to any transaction, certificate of title, or record relating to a vessel, even if the transaction, certificate of title, or record was entered into or created before the effective date of this act. Section 33 – Effective Date Provides an effective date of July 1, 2022. Sections 20, 21, 28, 29 and 30 – Conforming Provisions and Cross-References The bill amends ss. 328.16, 328.165, 409.2575, 705.103, and 721.08, F.S., conforming provisions and cross-references to changes made by the bill.


Section 1: Creates s. 328.001, F.S., relating to short title. Section 2: Creates s. 328.0015, F.S., relating to definitions. Section 3: Amends s. 328.01, F.S., relating to application for certificate of title. Section 4: Creates s. 328.015, F.S., relating to duties and operation of the department. Section 5: Creates s. 328.02, F.S., relating to law governing vessel covered by certificate of title. Section 6: Amends s. 328.03, F.S., relating to certificate of title required. Section 7: Creates s. 328.04, F.S., relating to content of certificate of title. Section 8: Creates s. 328.045, F.S., relating to title brands. Section 9: Creates s. 328.055, F.S., relating to maintenance of and access to files. Section 10: Creates s. 328.06, F.S., relating to action required on creation of certificate of title. Section 11: Creates s. 328.065, F.S., relating to effect of possession of certificate of title; judicial

process. Section 12: Amends s. 328.09, F.S., relating to refusal to issue and authority to cancel a certificate of

title or registration. Section 13: Creates s. 328.101, F.S., relating to effect of missing or incorrect information. Section 14: Amends s. 328.11, F.S., relating to duplicate certificate of title. Section 15: Creates s. 328.12, F.S., relating to perfection of security interest. Section 16: Creates s. 328.125, F.S., relating to termination statement. Section 17: Creates s. 328.14, F.S., relating to rights of purchaser other than secured party.


Section 18: Creates s. 328.145, F.S., relating to rights of secured party. Section 19: Amends s. 328.15, F.S., relating to notice of lien on vessel; recording. Section 20: Amends s. 328.16, F.S., relating to issuance in duplicate; delivery; liens; and

encumbrances. Section 21: Amends s. 328.165, F.S., relating to cancellation of certificates. Section 22: Creates s. 328.215, F.S., relating to application for transfer of ownership or termination of

security interest without certificate of title. Section 23: Creates s. 328.22, F.S., relating to transfer of ownership. Section 24: Creates s. 328.23, F.S., relating to transfer of ownership by secured party’s transfer

statement. Section 25: Creates s. 328.24, F.S., relating to transfer by operation of law. Section 26: Creates s. 328.25, F.S., relating to supplemental principles of law and equity. Section 27: Creates s. 328.41, F.S., relating to rulemaking authority. Section 28: Amends s. 409.2575, F.S., relating to liens on motor vehicles and vessels. Section 29: Amends s. 705.103, F.S., relating to procedure for abandoned or lost property. Section 30: Amends s. 721.08, F.S., relating to escrow accounts; nondisturbance instruments;

alternate security arrangements; transfer of legal title.

Section 31: Provides grandfather provision for valid certificates of title created on or before the effective date of this act. Section 32: Provides that subject to section 25, this act applies to transfer of title entered into or

created before the effective date of this act. Section 33: Provides an effective date of October 1, 2022.



None.

2. Expenditures:

Indeterminate. The bill will require DHSMV to implement extensive changes to vessel titling procedures and databases. DHSMV has indicated that the bill may require additional resources and could negatively impact the delivery of the on-going Motorist Modernization initiative.



To the extent the bill results in additional vessel titling transactions Tax Collectors could experience an increase in title application fees.

2. Expenditures:

None.


The bill may improve the integrity of the vessel titling process by requiring a more detailed description of the vessel on the title and requiring DHSMV to maintain the information contained in all certificates of title and title applications. The bill benefits consumers by requiring the title of a vessel to be branded if the vessel’s hull has been damaged, a condition that affects the condition and value of the vessel.

D. FISCAL COMMENTS:

None.

III. COMMENTS



Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take action requiring the expenditures of funds; reduce the authority that counties or municipalities have to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or municipalities.

2. Other:

None.


This bill gives DHSMV rule-making authority.


The bill is unclear as to which agency will enforce the penalties for failure of a vessel owner or insurer to report hull damage to a vessel.


On March 6, 2019, the Transportation & Infrastructure Subcommittee adopted a strike-all amendment and reported the bill favorably as a committee substitute. The strike-all amendment:

Clarified that the law of the state under which a vessel’s certificate of title is covered governs all issues relating to the certificate.

Provided a 30-day rather than 20-day time thresholds for DHSMV to perform certain requirements.

Provided that an applicant for a certificate of title must deliver to DHSMV an application for certificate of title within 30 days rather than 20 days from the date of transfer of ownership or date this state becomes the state of principal use.


Clarified DHSMV’s process to issue, transfer, or renew a federal certificate of title for an undocumented vessel that is registered with the U.S. Coast Guard.

Provided that a vessel owner who fails to report hull damage is subject to a noncriminal infraction with a penalty of $5,000 for the first offense, $15,000 for a second offense, and $25,000 per offense for any subsequent offenses.

Provided that DHSMV’s decision to reject an application for a certificate of title or cancel a certificate of title is subject to a hearing whereby the owner may present evidence in support of or opposition to cancellation or rejection of a certificate of title.

Clarified that a certificate of title is still effective if it contains scriveners errors or does not contain certain required information that DHSMV determines to be inconsequential to the issuing of a certificate of title.

Removed DHSMV’s specific rulemaking authority in s. 328.12, F.S., and created a general grant of rulemaking authority.

Removed DHSMV’s requirement to give valuations of vessels.

Provided language to protect DHSMV from liability for fraudulently obtained certificates of title and provided penalties for applicants who intentionally mislead DHSMV into issuing a fraudulent certificate of title.

Removed the word “rules” from the requirements of a voluntary transfer of ownership interest in a vessel.

Clarified that the transferor of a certificate of title can be hand signed or electronically signed, if the option is available.

Provided a repeal date of s. 328.15(1), (2), and (4) – (8) on October 1, 2025.

Provided an effective date of July 1, 2022.

This analysis is written to the committee substitute as reported favorably by the Transportation & Infrastructure Subcommittee.


By Senator Rouson

19-01529A-19 20191530__

Page 1 of 5



An act relating to vessels; creating s. 327.332, F.S.; 2

requiring vessel operators to reduce speed in 3

specified hazardous situations; providing penalties; 4

amending s. 327.4107, F.S.; revising criteria for 5

determining that a vessel is at risk of becoming 6

derelict; requiring that such vessels be moved after 7

certain notice is delivered to the owner or operator 8

of the vessel or posted conspicuously on the vessel; 9

amending s. 328.21, F.S.; providing criminal penalties 10

for failure to present a certificate of title showing 11

proper transfer of vessel ownership; amending s. 12

327.73, F.S.; revising civil penalties relating to 13

certain at-risk vessels and prohibited anchoring or 14

mooring; providing civil penalties for vessels which 15

create special hazards; providing an effective date. 16

17


19


read: 21

327.332 Special hazards.— 22

(1) A vessel operator shall reduce speed to slow speed, 23

minimum wake upon seeing a vessel or person in a hazardous or 24

vulnerable position, if the wake from the operator’s vessel is 25

likely to cause property damage or injury to the vulnerable 26

vessel or person. A vessel is not in a hazardous or vulnerable 27

position under this subsection if it is docked and unattended. 28

(2) A vessel operator shall reduce to slow speed, minimum 29


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wake upon approaching within 300 feet of any emergency vessel, 30

including, but not limited to, a law enforcement vessel, a 31

United States Coast Guard vessel or auxiliary vessel, a fire 32

vessel, or a tow vessel, with its emergency lights activated. 33


wake upon approaching within 300 feet of any construction vessel 35

or barge actively engaged in operations and displaying an orange 36

flag or a yellow flashing light from the tallest portion of such 37

vessel or barge. 38

(4) A vessel operator found in violation of this section is 39

guilty of a noncriminal infraction as provided in s. 327.73. 40

Section 2. Present subsections (3), (4), and (5) of section 41

327.4107, Florida Statutes, are redesignated as subsections (4), 42

(5), and (6), respectively, paragraph (e) of subsection (2) of 43

that section is amended, and a new subsection (3) is added to 44

that section, to read: 45

327.4107 Vessels at risk of becoming derelict on waters of 46

this state.— 47

(2) An officer of the commission or of a law enforcement 48

agency specified in s. 327.70 may determine that a vessel is at 49

risk of becoming derelict if any of the following conditions 50

exist: 51

(e) The vessel does not have or is unable to demonstrate an 52

effective means of propulsion for safe navigation within 72 53

hours after the vessel owner or operator receives telephonic or 54

written notice, which may be provided by facsimile, electronic 55

mail, or other electronic means, stating such from an officer, 56

does not have a declared destination upon inquiry by a law 57

enforcement officer, and the vessel owner or operator is unable 58


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to provide a receipt, proof of purchase, or other documentation 59

of having ordered necessary parts for vessel repair. The 60

commission may adopt rules to implement this paragraph. 61

(3) A vessel at risk of becoming derelict must be moved to 62

a location with a minimum distance of 3 miles from the previous 63

location on or before 90 days after the date of notice pursuant 64

to paragraph (2)(e) is delivered to the owner of the vessel or 65

posted conspicuously on the vessel. 66


read: 68

328.21 Transfer without delivery of certificate; operation 69

or use without certificate; failure to surrender; other 70

violations.—A person who: 71

(1) Except as otherwise provided for in this chapter, 72

purports to sell or transfer a vessel for which a certificate of 73

title is required without delivering to the purchaser or 74

transferee thereof a certificate of title thereto which is duly 75

assigned to the purchaser as provided in this chapter or who 76

operates or uses in this state a vessel for which a certificate 77

of title is required, without the certificate having been 78

obtained in accordance with this chapter, or upon which the 79

certificate of title has been canceled; 80

(2) Fails to surrender any certificate of title, 81

certificate of registration, or sticker upon cancellation of the 82

same by the department and notice thereof as prescribed in this 83

chapter; 84

(3) Fails to surrender the certificate of title to the 85

department as provided in this chapter when the vessel has been 86

destroyed, dismantled, or changed so that it is not the vessel 87


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described in the certificate of title; or 88

(4) Fails to present the certificate of title to the 89

department with the new owner information to ensure proper 90

transfer of ownership of the vessel; or 91

(5)(4) Violates any of the other provisions of this 92

chapter, or any lawful rule adopted under this chapter, 93

94

is guilty of a misdemeanor of the second degree, punishable as 95

provided in s. 775.082 or s. 775.083, for each offense. 96

Section 4. Paragraphs (aa) and (bb) of subsection (1) of 97

section 327.73, Florida Statutes, are amended, and paragraph 98

(cc) is added to that subsection, to read: 99

327.73 Noncriminal infractions.— 100

(1) Violations of the following provisions of the vessel 101

laws of this state are noncriminal infractions: 102

(aa) Section 327.4107, relating to vessels at risk of 103

becoming derelict on waters of this state, for which the civil 104

penalty is: 105

1. For a first offense, $100 $50. 106

2. For a second offense occurring 30 days or more after a 107

first offense, $250 $100. 108

3. For a third or subsequent offense occurring 30 days or 109

more after a previous offense, $500 $250. A person cited more 110

than 3 times within a 12-month period may have their vessel 111

impounded by law enforcement. 112

(bb) Section 327.4109, relating to anchoring or mooring in 113

a prohibited area, for which the penalty is: 114

1. For a first offense, up to a maximum of $100 $50. 115

2. For a second offense, up to a maximum of $250 $100. 116


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3. For a third or subsequent offense, up to a maximum of 117

$500 $250. A person cited more than 3 times within a 12-month 118

period may have their vessel impounded by law enforcement. 119

(cc) Section 327.332, relating to vessels creating special 120

hazards, for which the penalty is: 121

1. For a first offense, $50. 122

2. For a second offense occurring within 12 months after a 123

prior conviction, $250. 124

3. For a third offense occurring within 36 months after a 125


4. For a fourth or subsequent offense occurring within 72 127

months after a prior conviction, $1,000. 128

129

Any person cited for a violation of any provision of this 130

subsection shall be deemed to be charged with a noncriminal 131

infraction, shall be cited for such an infraction, and shall be 132

cited to appear before the county court. The civil penalty for 133

any such infraction is $50, except as otherwise provided in this 134

section. Any person who fails to appear or otherwise properly 135

respond to a uniform boating citation shall, in addition to the 136

charge relating to the violation of the boating laws of this 137

state, be charged with the offense of failing to respond to such 138

citation and, upon conviction, be guilty of a misdemeanor of the 139

second degree, punishable as provided in s. 775.082 or s. 140

775.083. A written warning to this effect shall be provided at 141

the time such uniform boating citation is issued. 142


HB 1319 2019


hb1319-00

Page 1 of 6



An act relating to vessels; creating s. 327.332, F.S.; 2

requiring vessel operators to reduce speed in 3

specified hazardous situations; providing penalties; 4

amending s. 327.4107, F.S.; revising criteria for 5

determining that a vessel is at risk of becoming 6

derelict; requiring that such vessels be moved after 7

certain notice is delivered to the owner or operator 8

of the vessel or posted conspicuously on the vessel; 9

amending s. 328.21, F.S.; providing penalties for 10

failure to present a certificate of title showing 11

proper transfer of vessel ownership; amending s. 12

327.73, F.S.; revising civil penalties relating to 13

certain at-risk vessels and prohibited anchoring or 14

mooring; providing civil penalties for vessels which 15

create special hazards; providing an effective date. 16

17


19


to read: 21

327.332 Special hazards.— 22

(1) A vessel operator shall reduce speed to slow speed, 23

minimum wake upon seeing a vessel or person in a hazardous or 24

vulnerable position, where the wake from the operator's vessel 25

HB 1319 2019


hb1319-00

Page 2 of 6


is likely to cause property damage or injury to the vulnerable 26

person or vessel. A vessel is not in a hazardous or vulnerable 27

position under this subsection if it is docked and unattended. 28


wake upon approaching within 300 feet of any emergency vessel, 30

including, but not limited to, a law enforcement vessel, United 31

States Coast Guard vessel or auxiliary vessel, fire vessel, or 32

tow vessel, with its emergency lights activated. 33


wake upon approaching within 300 feet of any construction vessel 35

or barge actively engaged in operations and displaying an orange 36

flag or yellow flashing light from the tallest portion of the 37

vessel or barge. 38

(4) A vessel operator found in violation of this section 39

is guilty of a noncriminal infraction as provided in s. 327.73. 40

Section 2. Subsections (3), (4), and (5) of section 41

327.4107, Florida Statutes, are renumbered as subsections (4), 42

(5), and (6), respectively, paragraph (e) of subsection (2) of 43


that section to read: 45

327.4107 Vessels at risk of becoming derelict on waters of 46

this state.— 47

(2) An officer of the commission or of a law enforcement 48

agency specified in s. 327.70 may determine that a vessel is at 49

risk of becoming derelict if any of the following conditions 50

HB 1319 2019


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Page 3 of 6


exist: 51

(e) The vessel does not have or is unable to demonstrate 52

an effective means of propulsion for safe navigation within 72 53

hours after the vessel owner or operator receives telephonic or 54

written notice, which may be provided by facsimile, electronic 55

mail, or other electronic means, stating such from an officer, 56

does not have a declared destination upon inquiry by a law 57

enforcement officer, and the vessel owner or operator is unable 58

to provide a receipt, proof of purchase, or other documentation 59

of having ordered necessary parts for vessel repair. The 60

commission may adopt rules to implement this paragraph. 61

(3) A vessel at risk of becoming derelict must be moved to 62

a location with a minimum distance of 3 miles from the previous 63

location on or before 90 days after the date of notice pursuant 64

to paragraph (2)(e) is delivered to the owner of the vessel or 65

posted conspicuously on the vessel. 66


Statutes, is renumbered as subsection (5), subsection (3) of 68


that section, to read: 70

328.21 Transfer without delivery of certificate; operation 71

or use without certificate; failure to surrender; other 72

violations.—A person who: 73

(3) Fails to surrender the certificate of title to the 74

department as provided in this chapter when the vessel has been 75

HB 1319 2019


hb1319-00

Page 4 of 6


destroyed, dismantled, or changed so that it is not the vessel 76

described in the certificate of title; or 77

(4) Fails to present the certificate of title to the 78

department with the new owner information to ensure proper 79

transfer of ownership of the vessel; or 80

81

is guilty of a misdemeanor of the second degree, punishable as 82

provided in s. 775.082 or s. 775.083, for each offense. 83

Section 4. Paragraphs (aa) and (bb) of subsection (1) of 84

section 327.73, Florida Statutes, are amended, and paragraph 85

(cc) is added to that subsection, to read: 86




(aa) Section 327.4107, relating to vessels at risk of 90

becoming derelict on waters of this state, for which the civil 91

penalty is: 92

1. For a first offense, $100 $50. 93

2. For a second offense occurring 30 days or more after a 94

first offense, $250 $100. 95

3. For a third or subsequent offense occurring 30 days or 96

more after a previous offense, $500 $250. A person cited more 97

than 3 times within a 12-month period may have their vessel 98

impounded by law enforcement. 99

(bb) Section 327.4109, relating to anchoring or mooring in 100

HB 1319 2019


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Page 5 of 6


a prohibited area, for which the penalty is: 101

1. For a first offense, up to a maximum of $100 $50. 102

2. For a second offense, up to a maximum of $250 $100. 103

3. For a third or subsequent offense, up to a maximum of 104

$500 $250. A person cited more than 3 times within a 12-month 105

period may have their vessel impounded by law enforcement. 106

(cc) Section 327.332, relating to vessels creating special 107

hazards, for which the penalty is: 108


2. For a second offense occurring within 12 months after a 110


3. For a third offense occurring within 36 months after a 112


4. For a fourth or subsequent offense occurring within 72 114

months after a prior conviction, $1,000. 115

116










HB 1319 2019


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By Senator Gruters

23-00775B-19 20191792__

Page 1 of 21



An act relating to towing and immobilizing of vehicles 2

and vessels; amending ss. 125.0103 and 166.043, F.S.; 3

specifying that local governments may enact rates to 4

tow or immobilize vessels on private property and to 5

remove and store vessels under specified 6

circumstances; defining the term “immobilize”; 7

creating ss. 125.01047 and 166.04465, F.S.; 8

prohibiting counties and municipalities, respectively, 9

from enacting certain ordinances or rules that impose 10

fees or charges on authorized wrecker operators, 11

towing businesses, or vehicle immobilization services; 12

defining the term “towing business”; providing 13

exceptions; amending s. 323.002, F.S.; prohibiting 14

counties or municipalities from imposing charges, 15

costs, expenses, fines, fees, or penalties on 16

registered owners, other legally authorized persons in 17

custody or in control, or lienholders of vehicles or 18

vessels under certain conditions; providing an 19

exception; amending s. 713.78, F.S.; authorizing 20

certain persons to place liens on vehicles or vessels 21

to recover specified fees or charges; amending s. 22

715.07, F.S.; revising certain notice requirements; 23

revising requirements relating to towing and to 24

removing vehicles or vessels to include persons who 25

are in custody of a vehicle or of a vessel; deleting a 26

requirement related to liability for improper removal 27

of a vehicle or of a vessel; creating s. 715.08, F.S.; 28

defining terms; authorizing vehicle immobilization 29


23-00775B-19 20191792__

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devices to be used on trespassing motor vehicles; 30

prohibiting persons from acting as operators of a 31

vehicle immobilization service in this state unless 32

specified requirements are met; providing requirements 33

for such operators and persons acting on behalf of 34

such operators; authorizing an operator to conduct 35

vehicle immobilization at any time; providing notice 36

requirements for immobilization of a vehicle; 37

prohibiting a vehicle immobilization service or 38

operator from taking specified actions; providing 39

requirements for a certain receipt of payment; 40

providing liability requirements under certain 41

circumstances; providing insurance requirements for 42

the operator; prohibiting the operator from engaging 43

in specified activities; providing signage 44

requirements; authorizing a certain local government 45

to impose a fine upon an operator and to revoke, 46

suspend, or not renew an operator’s license for due 47

cause; providing notice and hearing requirements for 48

adverse actions regarding certain licenses; requiring 49

disqualification from reapplying for a certain license 50

for a specified period under certain circumstances; 51

authorizing the revocation of an operator’s license 52

under certain circumstances; providing maximum 53

specified fines and suspension of license for certain 54

violations; providing an effective date. 55

56


58


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Section 1. Paragraphs (b) and (c) of subsection (1) of 59

section 125.0103, Florida Statutes, are amended to read: 60

125.0103 Ordinances and rules imposing price controls; 61

findings required; procedures.— 62

(1) 63

(b) The provisions of This section does shall not prevent 64

the enactment by local governments of public service rates 65

otherwise authorized by law, including water, sewer, solid 66

waste, public transportation, taxicab, or port rates, rates for 67

towing of vehicles or vessels from, or immobilization of 68

vehicles or vessels on, private property, or rates for removal 69

and storage of wrecked or disabled vehicles or vessels from an 70

accident scene or the removal and storage of vehicles or vessels 71

in the event the owner or operator is incapacitated, 72

unavailable, leaves the procurement of wrecker service to the 73

law enforcement officer at the scene, or otherwise does not 74

consent to the removal of the vehicle or vessel. 75

(c) Counties must establish maximum rates that which may be 76

charged for on the towing of vehicles or vessels from, or 77

immobilization of vehicles or vessels on, private property, the 78

removal and storage of wrecked or disabled vehicles or vessels 79

from an accident scene or for the removal and storage of 80

vehicles or vessels, in the event the owner or operator is 81

incapacitated, unavailable, leaves the procurement of wrecker 82

service to the law enforcement officer at the scene, or 83

otherwise does not consent to the removal of the vehicle or 84

vessel. However, if a municipality chooses to enact an ordinance 85

establishing the maximum rates fees for the towing or 86

immobilization of vehicles or vessels as described in paragraph 87


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Page 4 of 21


(b), the county’s ordinance does shall not apply within such 88

municipality. For purposes of this paragraph, the term 89

“immobilize” means the act of rendering a vehicle or vessel 90

inoperable by the use of a device such as a “boot” or “club,” 91

the “Barnacle,” or any other device that renders a vehicle or 92

vessel inoperable. 93


to read: 95

125.01047 Rules and ordinances relating to towing and to 96

vehicle immobilization services.— 97

(1) A county may not enact an ordinance or rule that would 98

impose a fee or charge on an authorized wrecker operator as 99

defined in s. 323.002(1); a towing business for towing, 100

impounding, or storing a vehicle or vessel; or a vehicle 101

immobilization service as defined in s. 715.08. As used in this 102

section, the term “towing business” means a business that 103

provides towing services for monetary gain. 104

(2) The prohibition imposed in subsection (1) does not 105

affect a county’s authority to: 106

(a) Levy a reasonable business tax under s. 205.0315, s. 107

205.033, or s. 205.0535. 108

(b) Impose on and collect from the registered owner or 109

other legally authorized person in control of a vehicle or 110

vessel, or the lienholder of a vehicle or vessel, a reasonable 111

administrative fee or charge not to exceed 25 percent of the 112

maximum towing or of the immobilization rate, to cover the cost 113

of enforcement, including parking enforcement, by the county 114

when the vehicle or vessel is towed from or immobilized on 115

public property. However, an authorized wrecker operator, towing 116


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business, or vehicle immobilization service may impose and 117

collect the administrative fee or charge on behalf of the county 118

and shall remit such fee or charge to the county after it is 119

collected. 120





(1) 125

(b) The provisions of This section does shall not prevent 126

the enactment by local governments of public service rates 127

otherwise authorized by law, including water, sewer, solid 128

waste, public transportation, taxicab, or port rates, rates for 129

towing of vehicles or vessels from, or immobilization of 130

vehicles or vessels on, private property, or rates for removal 131

and storage of wrecked or disabled vehicles or vessels from an 132

accident scene or the removal and storage of vehicles or vessels 133

in the event the owner or operator is incapacitated, 134

unavailable, leaves the procurement of wrecker service to the 135

law enforcement officer at the scene, or otherwise does not 136

consent to the removal of the vehicle or vessel. 137

(c) Counties must establish maximum rates that which may be 138

charged for on the towing of vehicles or vessels from, or 139

immobilization of vehicles or vessels on, private property, the 140







23-00775B-19 20191792__

Page 6 of 21






(b), the county’s ordinance established under s. 125.0103 does 150

shall not apply within such municipality. For purposes of this 151

paragraph, the term “immobilize” means the act of rendering a 152

vehicle or a vessel inoperable by the use of a device such as a 153

“boot” or “club,” the “Barnacle,” or any other device that 154

renders the vehicle or the vessel inoperable. 155


to read: 157

166.04465 Rules and ordinances relating to towing or to 158

vehicle immobilization services.— 159

(1) A municipality may not enact an ordinance or rule that 160

would impose a fee or charge on an authorized wrecker operator 161

as defined in s. 323.002(1); on a towing business for towing, 162

impounding, or storing a vehicle or vessel; or a vehicle 163


section, the term “towing business” means a business that 165


(2) The prohibition imposed in subsection (1) does not 167

affect a municipality’s authority to: 168


205.043, or s. 205.0535. 170

(b) Impose on and collect from the registered owner or 171

other legally authorized person in control of a vehicle or 172

vessel, or the lienholder of a vehicle or vessel, a reasonable 173

administrative fee or charge not to exceed 25 percent of the 174


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maximum towing or immobilization rate, to cover the cost of 175

enforcement, including parking enforcement, by the municipality 176

when the vehicle or vessel is towed from or immobilized on 177

public property. However, an authorized wrecker operator, towing 178

business, or vehicle immobilization service may impose and 179

collect the administrative fee or charge on behalf of the 180

municipality and shall remit such fee or charge to the 181

municipality after it is collected. 182

Section 5. Present subsection (4) of section 323.002, 183

Florida Statutes, is redesignated as subsection (5), and a new 184

subsection (4) is added to that section, to read: 185

323.002 County and municipal wrecker operator systems; 186

penalties for operation outside of system.— 187

(4)(a) Except as provided in paragraph (b), a county or 188

municipality may not adopt or maintain an ordinance or rule that 189

imposes a charge, cost, expense, fine, fee, or penalty on a 190

registered owner or other legally authorized person in custody 191

or in control of a vehicle or vessel, or the lienholder of a 192

vehicle or vessel, when the vehicle or vessel is towed by an 193

authorized wrecker operator under this chapter. 194

(b) A county or municipality may adopt or maintain an 195

ordinance or rule that imposes a reasonable administrative fee 196

or charge on the registered owner or other legally authorized 197

person in control of a vehicle or vessel, or the lienholder of a 198

vehicle or vessel, when the vehicle or vessel is towed by an 199

authorized wrecker operator. The fee or charge may not exceed 25 200

percent of the maximum towing rate, to cover the cost of 201

enforcement, including parking enforcement, by the county or 202

municipality when the vehicle or vessel is towed from public 203


23-00775B-19 20191792__

Page 8 of 21


property. However, an authorized wrecker operator or towing 204

business may impose and collect the administrative fee or charge 205

on behalf of the county or municipality and shall remit such fee 206

or charge to the county or municipality after it is collected. 207



713.78 Liens for recovering, towing, or storing vehicles 210

and vessels.— 211

(2) Whenever a person regularly engaged in the business of 212

transporting vehicles or vessels by wrecker, tow truck, or car 213

carrier recovers, removes, or stores a vehicle or vessel upon 214

instructions from: 215

(a) The owner thereof; 216

(b) The owner or lessor, or a person authorized by the 217

owner or lessor, of property on which such vehicle or vessel is 218

wrongfully parked, and the removal is done in compliance with s. 219

715.07; 220

(c) The landlord or a person authorized by the landlord, 221

when such motor vehicle or vessel remained on the premises after 222

the tenancy terminated and the removal is done in compliance 223

with s. 83.806 or s. 715.104; or 224

(d) Any law enforcement agency, 225

226

she or he shall have a lien on the vehicle or vessel for a 227

reasonable towing fee, for a reasonable administrative fee or 228

charge imposed by a county or a municipality, and for a 229

reasonable storage fee; except that a no storage fee may not 230

shall be charged if the vehicle or the vessel is stored for less 231

than 6 hours. 232


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Section 7. Subsection (2) and present subsection (4) of 233

section 715.07, Florida Statutes, are amended, and present 234

subsection (5) of that section is redesignated as subsection 235

(4), to read: 236

715.07 Vehicles or vessels parked on private property; 237

towing.— 238

(2) The owner or lessee of real property, or any person 239

authorized by the owner or lessee, which person may be the 240

designated representative of the condominium association if the 241

real property is a condominium, may cause any vehicle or vessel 242

parked on such property without her or his permission to be 243

removed by a person regularly engaged in the business of towing 244

vehicles or vessels, without liability for the costs of removal, 245

transportation, or storage or damages caused by such removal, 246

transportation, or storage, under any of the following 247

circumstances: 248

(a) The towing or removal of any vehicle or vessel from 249

private property without the consent of the registered owner or 250

other legally authorized person in control of that vehicle or 251

vessel is subject to strict compliance with the following 252

conditions and restrictions: 253

1.a. Any towed or removed vehicle or vessel must be stored 254

at a site within a 10-mile radius of the point of removal in any 255

county of 500,000 population or more, and within a 15-mile 256

radius of the point of removal in any county of less than 257

500,000 population. That site must be open for the purpose of 258

redemption of vehicles on any day that the person or firm towing 259

such vehicle or vessel is open for towing purposes, from 8:00 260

a.m. to 6:00 p.m., and, when closed, shall have prominently 261


23-00775B-19 20191792__

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posted a sign indicating a telephone number where the operator 262

of the site can be reached at all times. Upon receipt of a 263

telephoned request to open the site to redeem a vehicle or 264

vessel, the operator shall return to the site within 1 hour or 265

she or he will be in violation of this section. 266

b. If no towing business providing such service is located 267

within the area of towing limitations set forth in sub-268

subparagraph a., the following limitations apply: any towed or 269

removed vehicle or vessel must be stored at a site within a 20-270

mile radius of the point of removal in any county of 500,000 271

population or more, and within a 30-mile radius of the point of 272

removal in any county of less than 500,000 population. 273

2. The person or firm towing or removing the vehicle or 274

vessel shall, within 30 minutes after completion of such towing 275

or removal, notify the municipal police department or, in an 276

unincorporated area, the sheriff, of such towing or removal, the 277

storage site, the time the vehicle or vessel was towed or 278

removed, and the make, model, color, and license plate number of 279

the vehicle or description and registration number of the vessel 280

and shall obtain the name of the person at that department to 281

whom such information was reported and note that name on the 282

trip record. 283

3. A person in the process of towing or removing a vehicle 284

or vessel from the premises or parking lot in which the vehicle 285

or vessel is not lawfully parked must stop when a person seeks 286

the return of the vehicle or vessel. The vehicle or vessel must 287

be returned upon the payment of a reasonable service fee of not 288

more than one-half of the posted rate for the towing or removal 289

service as provided in subparagraph 6. The vehicle or vessel may 290


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be towed or removed if, after a reasonable opportunity, the 291

owner or legally authorized person in control of the vehicle or 292

vessel is unable to pay the service fee. If the vehicle or 293

vessel is redeemed, a detailed signed receipt must be given to 294

the person redeeming the vehicle or vessel. 295

4. A person may not pay or accept money or other valuable 296

consideration for the privilege of towing or removing vehicles 297

or vessels from a particular location. 298

5. Except for property appurtenant to and obviously a part 299

of a single-family residence, and except for instances when 300

notice is personally given to the owner or other legally 301

authorized person in control of the vehicle or vessel that the 302

area in which that vehicle or vessel is parked is reserved or 303

otherwise unavailable for unauthorized vehicles or vessels and 304

that the vehicle or vessel is subject to being removed at the 305

owner’s or operator’s expense, any property owner or lessee, or 306

person authorized by the property owner or lessee, prior to 307

towing or removing any vehicle or vessel from private property 308

without the consent of the owner or other legally authorized 309

person in control of that vehicle or vessel, must post a notice 310

meeting the following requirements: 311

a. The notice must be prominently placed at each driveway 312

access or curb cut allowing vehicular access to the property, 313

within 5 feet from the public right-of-way line. If there are no 314

curbs or access barriers, the signs must be posted not less than 315

one sign for each 25 feet of lot frontage. 316

b. The notice must clearly indicate, in not less than 2-317

inch high, light-reflective letters on a contrasting background, 318

that unauthorized vehicles will be towed away at the owner’s 319


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expense. The words “tow-away zone” must be included on the sign 320

in not less than 4-inch high letters. 321

c. The notice must also provide the name and current 322

telephone number of the person or firm towing or removing the 323

vehicles or vessels. 324

d. The sign structure containing the required notices must 325

be permanently installed with the words “tow-away zone” not less 326

than 3 feet and not more than 6 feet above ground level and must 327

be continuously maintained on the property for not less than 24 328

hours prior to the towing or removal of any vehicles or vessels. 329

e. The local government may require permitting and 330

inspection of these signs prior to any towing or removal of 331

vehicles or vessels being authorized. 332

f. A business with 20 or fewer parking spaces satisfies the 333

notice requirements of this subparagraph by prominently 334

displaying a sign that clearly states stating “Reserved Parking 335

for Customers Only Unauthorized Vehicles or Vessels Will be 336

Towed Away At the Owner’s Expense.” in not less than 4-inch 337

high, light-reflective letters on a contrasting background. 338

g. A property owner towing or removing vessels from real 339

property must post notice, consistent with the requirements in 340

sub-subparagraphs a.-f., which apply to vehicles, that 341

unauthorized vehicles or vessels will be towed away at the 342

owner’s expense. 343

344

A business owner or lessee may authorize the removal of a 345

vehicle or vessel by a towing company when the vehicle or vessel 346

is parked in such a manner that restricts the normal operation 347

of business; and if a vehicle or vessel parked on a public 348


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right-of-way obstructs access to a private driveway the owner, 349

lessee, or agent may have the vehicle or vessel removed by a 350

towing company upon signing an order that the vehicle or vessel 351

be removed without a posted tow-away zone sign. 352

6. Any person or firm that tows or removes vehicles or 353

vessels and proposes to require an owner, operator, or person in 354

custody or control of a vehicle or vessel to pay the costs of 355

towing and storage prior to redemption of the vehicle or vessel 356

must file and keep on record with the local law enforcement 357

agency a complete copy of the current rates to be charged for 358

such services and post at the storage site an identical rate 359

schedule and any written contracts with property owners, 360

lessees, or persons in control of property which authorize such 361

person or firm to remove vehicles or vessels as provided in this 362

section. 363

7. Any person or firm towing or removing any vehicles or 364

vessels from private property without the consent of the owner 365

or other legally authorized person in custody or control of the 366

vehicles or vessels shall, on any trucks, wreckers as defined in 367

s. 713.78(1)(c), or other vehicles used in the towing or 368

removal, have the name, address, and telephone number of the 369

company performing such service clearly printed in contrasting 370

colors on the driver and passenger sides of the vehicle. The 371

name shall be in at least 3-inch permanently affixed letters, 372

and the address and telephone number shall be in at least 1-inch 373

permanently affixed letters. 374

8. Vehicle entry for the purpose of removing the vehicle or 375

vessel shall be allowed with reasonable care on the part of the 376

person or firm towing the vehicle or vessel. Such person or firm 377


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shall be liable for any damage occasioned to the vehicle or 378

vessel if such entry is not in accordance with the standard of 379

reasonable care. 380

9. When a vehicle or vessel has been towed or removed 381

pursuant to this section, it must be released to its owner or to 382

the person in custody or control custodian within one hour after 383

requested. Any vehicle or vessel owner or the person in custody 384

or control agent shall have the right to inspect the vehicle or 385

vessel before accepting its return, and no release or waiver of 386

any kind which would release the person or firm towing the 387

vehicle or vessel from liability for damages noted by the owner 388

or by the person in custody or control other legally authorized 389

person at the time of the redemption may be required from any 390

vehicle or vessel owner, custodian, or person in custody or 391

control agent as a condition of release of the vehicle or vessel 392

to its owner. A detailed, signed receipt showing the legal name 393

of the company or person towing or removing the vehicle or 394

vessel must be given to the person paying towing or storage 395

charges at the time of payment, whether requested or not. 396

(b) These requirements are minimum standards and do not 397

preclude enactment of additional regulations by any municipality 398

or county, including the right to regulate rates when vehicles 399

or vessels are towed from private property. 400

(4) When a person improperly causes a vehicle or vessel to 401

be removed, such person shall be liable to the owner or lessee 402

of the vehicle or vessel for the cost of removal, 403

transportation, and storage; any damages resulting from the 404

removal, transportation, or storage of the vehicle or vessel; 405

attorney’s fees; and court costs. 406


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read: 408

715.08 Vehicle immobilization services.— 409

(1) DEFINITIONS.—As used in this section, the term: 410

(a) “Immobilize” means the act of rendering a vehicle or a 411

vessel inoperable by the use of a vehicle immobilization device. 412

(b) “License” means a license, a permit, or other similar 413

grant of authority to operate issued to an operator by a local 414

government. 415

(c) “Operator” means any person, as defined in s. 1.01(3), 416

individual, or entity, including, but not limited to, a sole 417

proprietor, an independent contractor, a partnership, or a 418

similar business entity, offering or operating a vehicle 419

immobilization service. 420

(d) “Vehicle immobilization device” means any mechanical 421

device that is designed or used to be attached to a wheel, a 422

tire, or other part of a parked motor vehicle which includes, 423

but is not limited to, a “boot” or “club,” the “Barnacle,” or 424

any other device that renders a vehicle or vessel inoperable. 425

(e) “Vehicle immobilization service” means any service in 426

which vehicles are immobilized. 427

(2) VEHICLE IMMOBILIZATION OPERATIONS; REQUIREMENTS.— 428

(a) Vehicle immobilization devices may be used on 429

trespassing motor vehicles as provided for under this section. 430

(b) It is unlawful for any person to act as an operator 431

within this state unless the person is properly licensed or 432

approved by a local government. 433

(c) It is unlawful for any person to act as an operator if 434

the person also has ownership or any other valuable 435


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consideration in property or a lot being used for the business 436

of parking, or allowing for the parking of, motor vehicles or is 437

engaged in the business of parking lot or valet parking 438

operations. 439

(d) Each operator shall conduct vehicle immobilization 440

services using a name that is distinguishable from any other 441

existing operator. 442

(e)1. An operator shall issue all individuals under the 443

operator’s employment, or who are acting on behalf of the 444

operator, including the operator himself or herself, or 445

partners, members, or officers of the operator, a photo 446

identification with the name of the operator. Such an individual 447

shall carry this operator-issued identification with him or her 448

at all times while performing vehicle immobilization services. 449

2. All individuals under an operator’s employment, or who 450

are acting on behalf of the operator, including the operator 451

himself or herself, or partners, members, or officers of the 452

operator, shall wear a uniform that clearly identifies the name 453

of the operator while performing vehicle immobilization 454

services. 455

3. All vehicles being used by operators or individuals 456

under an operator’s employment to perform vehicle immobilization 457

services must have prominently displayed on both sides of each 458

vehicle the name of the operator and that the operator performs 459

vehicle immobilization services, the address from which the 460

operator conducts business, and the telephone number of the 461

operator. The lettering must be in a contrasting color to the 462

color of the vehicle, or if a vehicle magnet or decal is used, 463

the lettering must be in a contrasting color to the color of the 464


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magnet or decal. The lettering must be at least one and one-half 465

inches in height. 466

(f)1. An operator may conduct vehicle immobilization 467

services 24 hours per day, 7 days per week, and 365 days per 468

year. 469

2. An operator shall maintain a telephone number that is 470

staffed by a live individual 24 hours per day and 365 days per 471

year to communicate immediately with a driver or owner of an 472

immobilized vehicle. 473

(g) An operator who has immobilized a vehicle shall 474

immediately affix a notice to the driver’s side window 475

containing, at minimum, the following information: 476

1. A warning that any attempt to move the vehicle may 477

result in damage to the vehicle; and 478

2. The fee required to remove the immobilization device, 479

the name of the operator, and the telephone number to call to 480

have the immobilization device removed. 481

(h) It is unlawful for a vehicle immobilization service or 482

operator to: 483

1. Immobilize vehicles on any private property without 484

having entered into a valid written contract for vehicle 485

immobilization services with the private property owner, the 486

lawful lessee, the managing agent, or other person in control of 487

the property; 488

2. Fail to arrive on the site where a vehicle was 489

immobilized within 1 hour of being contacted by the owner, the 490

driver, or the person in custody or in control of the vehicle; 491

3. Fail to release a vehicle from immobilization within 1 492

hour after receipt of payment from the owner, the driver, or the 493


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person in charge of a vehicle that has been immobilized; and 494

4. Fail to provide a receipt of payment of the 495

immobilization fee to the owner, the driver, or the person in 496

custody or in control of an immobilized vehicle. The receipt 497

must have the name, address, and telephone number of the 498

operator; the name of the individual under the operator’s 499

employment or the partner, member, or officer of such operator 500

who removed the immobilization device; and the operator’s 501

license number as issued by the department. 502

(i)1. If the application of a vehicle immobilization device 503

damages a vehicle, the operator shall pay the cost of repairs 504

for that damage. 505

2. If the owner, the driver, or the person in charge of a 506

motor vehicle to which an immobilization device has been 507

installed attempts to operate such motor vehicle or to remove 508

the device, then the operator is not liable for any damage to 509

the vehicle resulting from such attempt. In such an instance, 510

the owner, the driver, or the person in charge of the 511

immobilized vehicle is liable to the operator for the cost of 512

damage to the vehicle immobilization device. 513

(j) An operator shall maintain minimum insurance coverage 514

in the amount of $1 million in commercial general liability, $1 515

million in commercial automobile liability, $1 million in garage 516

liability, $1 million in professional liability, and $1 million 517

in umbrella coverage and shall have workers’ compensation 518

coverage on all employees. 519

(3) PROHIBITED ACTIVITIES.—An operator may not do any of 520

the following: 521

(a) Procure a license issued by a local government by 522


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fraudulent conduct or by a false statement of a material fact. 523

(b) Pay, in the form of a gratuity or any other valuable 524

consideration, any person who does not have ownership in 525

property or in a lot being used for the business of parking, or 526

allowing for the parking of, motor vehicles for information as 527

to illegally parked vehicles. 528

(c) Make any payment or other valuable consideration to an 529

owner, an employee, an agent, or a person in possession of 530

property or a lot that is being used for the business of 531

parking, or allowing for the parking of, motor vehicles in 532

excess of the reasonable and customary fee ordinarily charged by 533

such person in possession of such property or lot for parking 534

thereon. 535

(d) Charge fees in excess of those provided for in this 536

section. 537

(e) Impound any vehicle located on any portion of a public 538

way within this state, unless such operator is contracted to do 539

so by a governmental agency. 540

(4) SIGNAGE; REQUIREMENTS.— 541

(a) It is unlawful for any operator to install or to attach 542

a device to any motor vehicle without posting signs meeting the 543

following requirements: 544

1. The operator shall install signs at each designated 545

entrance to a parking lot or parking area where parking 546

prohibitions are in effect. If there is no designated entrance, 547

the operator shall erect the signs so they are clearly visible 548

from every parking space; 549

2. Signs must be a minimum of 18 inches by 24 inches, or if 550

not allowed in such size, the maximum allowable size, with 551


23-00775B-19 20191792__

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lettering a minimum height of one and one-half inches; and 552

3. Sign lettering must be in a solid color that contrasts 553

with the sign’s background. 554

(b) An operator’s signs must clearly state the following, 555

at a minimum: 556

557

1. WARNING: IMMOBILIZATION ENFORCED 24/7. 558

2. UNAUTHORIZED VEHICLES MAY BE IMMOBILIZED AT OWNER’S RISK 559

AND EXPENSE. 560

3. THE IMMOBILIZATION OPERATOR IS ...(insert name of 561

vehicle immobilization service).... 562

4. THE TELEPHONE NUMBER FOR IMMOBILIZATION REMOVAL IS 563

...(insert operator’s telephone number).... 564

565

(c) No abbreviations may be used on signs required under 566

this subsection. 567

(5) ADMINISTRATIVE ACTIONS; OPERATOR RIGHTS.— 568

(a) A local government that has jurisdiction over, and that 569

issued a license to, an operator may impose a fine upon the 570

operator and may revoke, suspend, or not renew the operator’s 571

license for due cause. 572

(b) Adverse actions may not be taken regarding any license 573

issued pursuant to this section until and after notice has been 574

provided and a hearing has been held by the local government. 575

Notice of such hearing must be given in writing and served at 576

least 30 days before the date of a hearing. The notice must 577

state the grounds of the complaint against the holder of such 578

license and must designate the time and place where such hearing 579

will be held. The notice must be served upon the license holder 580


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via certified mail, signature required, addressed to the license 581

holder at the address provided on the operator’s current 582

application. 583

(c) Any operator whose license has been revoked pursuant to 584

this section is disqualified from reapplying to the local 585

government for another license for 12 months immediately 586

following the revocation. The violation of any provision of this 587

section by any person with any ownership interest in the vehicle 588

immobilization service may result in the revocation of the 589

operator’s license. 590

(d) The maximum fine for any violation of this section is 591

$1,000. The maximum suspension of a license for any one 592

violation of this section is 30 days. 593


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An act relating to towing and immobilizing of vehicles 2

and vessels; amending ss. 125.0103 and 166.043, F.S.; 3

authorizing local governments to enact rates to tow or 4

immobilize vessels on private property and to remove 5

and store vessels under specified circumstances; 6

defining the term "immobilize"; creating ss. 125.01047 7

and 166.04465, F.S.; prohibiting counties or 8

municipalities from enacting certain ordinances or 9

rules that impose fees or charges on authorized 10

wrecker operators, towing businesses, or vehicle 11

immobilization operators; defining the term "towing 12

business"; providing exceptions; amending s. 323.002, 13

F.S.; prohibiting counties or municipalities from 14

imposing charges, costs, expenses, fines, fees, or 15

penalties on registered owners, other legally 16

authorized persons in control, or lienholders of 17

vehicles or vessels under certain conditions; 18

providing an exception; amending s. 713.78, F.S.; 19

authorizing certain persons to place liens on vehicles 20

or vessels to recover specified fees or charges; 21

amending s. 715.07, F.S.; removing a requirement 22

regarding notices and signs concerning the towing or 23

removal of vehicles and vessels; creating s. 715.08, 24

F.S.; defining terms related to vehicle immobilization 25

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devices and operators; requiring persons who 26

immobilize vehicles to obtain a license from specified 27

local governments; specifying persons who are 28

prohibited from being an operator; specifying criteria 29

and requirements for providing services as an 30

operator; providing operator name, uniform, and 31

identification requirements; requiring certain 32

information to be displayed on a motor vehicle used to 33

perform vehicle immobilization services; specifying 34

authorized hours of operation; providing notice 35

requirements upon immobilization of a motor vehicle; 36

specifying unauthorized and prohibited activities by a 37

vehicle immobilization service or operator; providing 38

liability for certain damage; providing exceptions; 39

requiring an operator to maintain certain insurance 40

coverage; specifying signage requirements; providing 41

administrative procedures for complaints against 42

operators; authorizing specified penalties; 43

prohibiting an operator whose license is revoked from 44

reapplying for a license for a specified period; 45

specifying maximum fines; providing an effective date. 46

47


49


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(1) 54

(b) The provisions of this section shall not prevent the 55

enactment by local governments of public service rates otherwise 56

authorized by law, including water, sewer, solid waste, public 57

transportation, taxicab, or port rates, rates for towing of 58

vehicles or vessels from or immobilization of vehicles or 59

vessels on private property, or rates for removal and storage of 60

wrecked or disabled vehicles or vessels from an accident scene 61

or the removal and storage of vehicles or vessels in the event 62

the owner or operator is incapacitated, unavailable, leaves the 63

procurement of wrecker service to the law enforcement officer at 64

the scene, or otherwise does not consent to the removal of the 65

vehicle or vessel. 66

(c) Counties must establish maximum rates which may be 67

charged on the towing of vehicles or vessels from or 68

immobilization of vehicles or vessels on private property, 69







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(b), the county's ordinance shall not apply within such 79

municipality. For purposes of this paragraph, the term 80

"immobilize" means the act of rendering a vehicle or vessel 81

inoperable by the use of a device such as a "boot" or "club," 82

the "Barnacle," or any other such device. 83


to read: 85

125.01047 Rules and ordinances relating to towing and 86

immobilization services.— 87

(1) A county may not enact an ordinance or rule that would 88

impose a fee or charge on an authorized wrecker operator, as 89

defined in s. 323.002(1), on a towing business for towing, 90

impounding, or storing a vehicle or vessel, or a vehicle 91


section, the term "towing business" means a business that 93


(2) The prohibition set forth in subsection (1) does not 95

affect a county's authority to: 96


205.033, or s. 205.0535. 98

(b) Impose and collect a reasonable administrative fee or 99

charge on the registered owner or other legally authorized 100

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vehicle or vessel, not to exceed 25 percent of the maximum 102

towing or immobilization rate, to cover the cost of enforcement, 103

including parking enforcement, by the county when the vehicle or 104

vessel is towed or immobilized from public property. However, an 105

authorized wrecker operator, towing business, or vehicle 106

immobilization service may impose and collect the administrative 107

fee or charge on behalf of the county and shall remit such fee 108

or charge to the county only after it is collected. 109





(1) 114

(b) The provisions of this section shall not prevent the 115

enactment by local governments of public service rates otherwise 116

authorized by law, including water, sewer, solid waste, public 117

transportation, taxicab, or port rates, rates for towing of 118

vehicles or vessels from or immobilization of vehicles or 119

vessels on private property, or rates for removal and storage of 120

wrecked or disabled vehicles or vessels from an accident scene 121

or the removal and storage of vehicles or vessels in the event 122

the owner or operator is incapacitated, unavailable, leaves the 123

procurement of wrecker service to the law enforcement officer at 124

the scene, or otherwise does not consent to the removal of the 125

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vehicle or vessel. 126

(c) Counties must establish maximum rates which may be 127

charged on the towing of vehicles or vessels from or 128

immobilization of vehicles or vessels on private property, 129










(b), the county's ordinance established under s. 125.0103 shall 139

not apply within such municipality. For purposes of this 140

paragraph, the term "immobilize" means the act of rendering a 141

vehicle or vessel inoperable by the use of a device such as a 142

"boot" or "club," the "Barnacle," or any other such device. 143


to read: 145

166.04465 Rules and ordinances relating to towing and 146

immobilization services.— 147

(1) A municipality may not enact an ordinance or rule that 148

would impose a fee or charge on an authorized wrecker operator, 149

as defined in s. 323.002(1), on a towing business for towing, 150

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impounding, or storing a vehicle or vessel, or a vehicle 151


section, the term "towing business" means a business that 153


(2) The prohibition set forth in subsection (1) does not 155

affect a municipality's authority to: 156


205.033, or s. 205.0535. 158

(b) Impose and collect a reasonable administrative fee or 159

charge on the registered owner or other legally authorized 160


vehicle or vessel, not to exceed 25 percent of the maximum 162

towing or immobilization rate, to cover the cost of enforcement, 163

including parking enforcement, by the county when the vehicle or 164

vessel is towed from or immobilized on public property. However, 165

an authorized wrecker operator, towing business, or vehicle 166

immobilization service may impose and collect the administrative 167

fee or charge on behalf of the municipality and shall remit such 168

fee or charge to the municipality only after it is collected. 169


Statutes, is renumbered as subsection (5), and a new subsection 171

(4) is added to that section to read: 172

323.002 County and municipal wrecker operator systems; 173

penalties for operation outside of system.— 174

(4)(a) Except as provided in paragraph (b), a county or 175

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municipality may not adopt or maintain in effect an ordinance or 176

rule that imposes a charge, cost, expense, fine, fee, or penalty 177

on a registered owner or other legally authorized person in 178

control of a vehicle or vessel, or the lienholder of a vehicle 179

or vessel, when the vehicle or vessel is towed by an authorized 180

wrecker operator under this chapter. 181

(b) A county or municipality may adopt or maintain an 182

ordinance or rule that imposes a reasonable administrative fee 183

or charge on the registered owner or other legally authorized 184


vehicle or vessel, that is towed by an authorized wrecker 186

operator, not to exceed 25 percent of the maximum towing rate, 187

to cover the cost of enforcement, including parking enforcement, 188

by the county or municipality when the vehicle or vessel is 189

towed from public property. However, an authorized wrecker 190

operator or towing business may impose and collect the 191

administrative fee or charge on behalf of the county or 192

municipality and shall remit such fee or charge to the county or 193

municipality only after it is collected. 194



713.78 Liens for recovering, towing, or storing vehicles 197

and vessels.— 198

(2) Whenever a person regularly engaged in the business of 199

transporting vehicles or vessels by wrecker, tow truck, or car 200

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carrier recovers, removes, or stores a vehicle or vessel upon 201

instructions from: 202

(a) The owner thereof; 203

(b) The owner or lessor, or a person authorized by the 204

owner or lessor, of property on which such vehicle or vessel is 205

wrongfully parked, and the removal is done in compliance with s. 206

715.07; 207

(c) The landlord or a person authorized by the landlord, 208

when such motor vehicle or vessel remained on the premises after 209

the tenancy terminated and the removal is done in compliance 210

with s. 83.806 or s. 715.104; or 211

(d) Any law enforcement agency, 212

213

she or he shall have a lien on the vehicle or vessel for a 214

reasonable towing fee, for a reasonable administrative fee or 215

charge imposed by a county or municipality, and for a reasonable 216

storage fee; except that no storage fee shall be charged if the 217

vehicle or vessel is stored for less than 6 hours. 218

Section 7. Paragraph (a) of subsection (2) and subsection 219

(4) of section 715.07, Florida Statutes, are amended to read: 220

715.07 Vehicles or vessels parked on private property; 221

towing.— 222

(2) The owner or lessee of real property, or any person 223

authorized by the owner or lessee, which person may be the 224

designated representative of the condominium association if the 225

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real property is a condominium, may cause any vehicle or vessel 226

parked on such property without her or his permission to be 227

removed by a person regularly engaged in the business of towing 228

vehicles or vessels, without liability for the costs of removal, 229

transportation, or storage or damages caused by such removal, 230

transportation, or storage, under any of the following 231

circumstances: 232

(a) The towing or removal of any vehicle or vessel from 233

private property without the consent of the registered owner or 234

other legally authorized person in control of that vehicle or 235

vessel is subject to substantial strict compliance with the 236

following conditions and restrictions: 237

1.a. Any towed or removed vehicle or vessel must be stored 238

at a site within a 10-mile radius of the point of removal in any 239

county of 500,000 population or more, and within a 15-mile 240

radius of the point of removal in any county of less than 241

500,000 population. That site must be open for the purpose of 242

redemption of vehicles on any day that the person or firm towing 243

such vehicle or vessel is open for towing purposes, from 8:00 244

a.m. to 6:00 p.m., and, when closed, shall have prominently 245

posted a sign indicating a telephone number where the operator 246

of the site can be reached at all times. Upon receipt of a 247

telephoned request to open the site to redeem a vehicle or 248

vessel, the operator shall return to the site within 1 hour or 249

she or he will be in violation of this section. 250

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b. If no towing business providing such service is located 251

within the area of towing limitations set forth in sub-252

subparagraph a., the following limitations apply: any towed or 253

removed vehicle or vessel must be stored at a site within a 20-254

mile radius of the point of removal in any county of 500,000 255

population or more, and within a 30-mile radius of the point of 256

removal in any county of less than 500,000 population. 257

2. The person or firm towing or removing the vehicle or 258

vessel shall, within 30 minutes after completion of such towing 259

or removal, notify the municipal police department or, in an 260

unincorporated area, the sheriff, of such towing or removal, the 261

storage site, the time the vehicle or vessel was towed or 262

removed, and the make, model, color, and license plate number of 263

the vehicle or description and registration number of the vessel 264

and shall obtain the name of the person at that department to 265

whom such information was reported and note that name on the 266

trip record. 267

3. A person in the process of towing or removing a vehicle 268

or vessel from the premises or parking lot in which the vehicle 269

or vessel is not lawfully parked must stop when a person seeks 270

the return of the vehicle or vessel. The vehicle or vessel must 271

be returned upon the payment of a reasonable service fee of not 272

more than one-half of the posted rate for the towing or removal 273

service as provided in subparagraph 6. The vehicle or vessel may 274

be towed or removed if, after a reasonable opportunity, the 275

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owner or legally authorized person in control of the vehicle or 276

vessel is unable to pay the service fee. If the vehicle or 277

vessel is redeemed, a detailed signed receipt must be given to 278

the person redeeming the vehicle or vessel. 279

4. A person may not pay or accept money or other valuable 280

consideration for the privilege of towing or removing vehicles 281

or vessels from a particular location. 282

5. Except for property appurtenant to and obviously a part 283

of a single-family residence, and except for instances when 284

notice is personally given to the owner or other legally 285

authorized person in control of the vehicle or vessel that the 286

area in which that vehicle or vessel is parked is reserved or 287

otherwise unavailable for unauthorized vehicles or vessels and 288

that the vehicle or vessel is subject to being removed at the 289

owner's or operator's expense, any property owner or lessee, or 290

person authorized by the property owner or lessee, prior to 291

towing or removing any vehicle or vessel from private property 292

without the consent of the owner or other legally authorized 293

person in control of that vehicle or vessel, must post a notice 294

meeting the following requirements: 295

a. The notice must be prominently placed at each driveway 296

access or curb cut allowing vehicular access to the property, 297

within 5 feet from the public right-of-way line. If there are no 298

curbs or access barriers, the signs must be posted not less than 299

one sign for each 25 feet of lot frontage. 300

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b. The notice must clearly indicate, in not less than 2-301

inch high, light-reflective letters on a contrasting background, 302

that unauthorized vehicles will be towed away at the owner's 303

expense. The words "tow-away zone" must be included on the sign 304

in not less than 4-inch high letters. 305

c. The notice must also provide the name and current 306

telephone number of the person or firm towing or removing the 307

vehicles or vessels. 308

d. The sign structure containing the required notices must 309

be permanently installed with the words "tow-away zone" not less 310

than 3 feet and not more than 6 feet above ground level and must 311

be continuously maintained on the property for not less than 24 312

hours prior to the towing or removal of any vehicles or vessels. 313

e. The local government may require permitting and 314

inspection of these signs prior to any towing or removal of 315

vehicles or vessels being authorized. 316

f. A business with 20 or fewer parking spaces satisfies 317

the notice requirements of this subparagraph by prominently 318

displaying a sign stating "Reserved Parking for Customers Only 319

Unauthorized Vehicles or Vessels Will be Towed Away At the 320

Owner's Expense" in not less than 4-inch high, light-reflective 321

letters on a contrasting background. 322

g. A property owner towing or removing vessels from real 323

property must post notice, consistent with the requirements in 324

sub-subparagraphs a.-f., which apply to vehicles, that 325

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unauthorized vehicles or vessels will be towed away at the 326

owner's expense. 327

328

A business owner or lessee may authorize the removal of a 329

vehicle or vessel by a towing company when the vehicle or vessel 330

is parked in such a manner that restricts the normal operation 331

of business; and if a vehicle or vessel parked on a public 332

right-of-way obstructs access to a private driveway the owner, 333

lessee, or agent may have the vehicle or vessel removed by a 334

towing company upon signing an order that the vehicle or vessel 335

be removed without a posted tow-away zone sign. 336

6. Any person or firm that tows or removes vehicles or 337

vessels and proposes to require an owner, operator, or person in 338

control or custody of a vehicle or vessel to pay the costs of 339

towing and storage prior to redemption of the vehicle or vessel 340

must file and keep on record with the local law enforcement 341

agency a complete copy of the current rates to be charged for 342

such services and post at the storage site an identical rate 343

schedule and any written contracts with property owners, 344

lessees, or persons in control of property which authorize such 345

person or firm to remove vehicles or vessels as provided in this 346

section. 347

7. Any person or firm towing or removing any vehicles or 348

vessels from private property without the consent of the owner 349

or other legally authorized person in control or custody of the 350

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vehicles or vessels shall, on any trucks, wreckers as defined in 351

s. 713.78(1)(c), or other vehicles used in the towing or 352

removal, have the name, address, and telephone number of the 353

company performing such service clearly printed in contrasting 354

colors on the driver and passenger sides of the vehicle. The 355

name shall be in at least 3-inch permanently affixed letters, 356

and the address and telephone number shall be in at least 1-inch 357

permanently affixed letters. 358

8. Vehicle entry for the purpose of removing the vehicle 359

or vessel shall be allowed with reasonable care on the part of 360

the person or firm towing the vehicle or vessel. Such person or 361

firm shall be liable for any damage occasioned to the vehicle or 362

vessel if such entry is not in accordance with the standard of 363

reasonable care. 364

9. When a vehicle or vessel has been towed or removed 365

pursuant to this section, it must be released to its owner or 366

person in control or custody custodian within one hour after 367

requested. Any vehicle or vessel owner or person in control or 368

custody has agent shall have the right to inspect the vehicle or 369

vessel before accepting its return, and no release or waiver of 370

any kind which would release the person or firm towing the 371

vehicle or vessel from liability for damages noted by the owner 372

or the person in control or custody other legally authorized 373

person at the time of the redemption may be required from any 374

vehicle or vessel owner, or person in control or custody 375

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custodian, or agent as a condition of release of the vehicle or 376

vessel to its owner. A detailed, signed receipt showing the 377

legal name of the company or person towing or removing the 378

vehicle or vessel must be given to the person paying towing or 379

storage charges at the time of payment, whether requested or 380

not. 381

(4) When a person improperly causes a vehicle or vessel to 382

be removed, such person shall be liable to the owner or lessee 383

of the vehicle or vessel for the cost of removal, 384

transportation, and storage; any damages resulting from the 385

removal, transportation, or storage of the vehicle or vessel; 386

attorney's fees; and court costs. 387


read: 389

(1) DEFINITIONS.—As used in this section, the term: 390

(a) "Immobilize" means the act of rendering a vehicle or 391

vessel inoperable by the use of a vehicle immobilization device. 392

(b) "License" means a license, permit, or other similar 393

grant of authority to operate issued by a local government to an 394

operator. 395

(c) "Operator" means any person, as defined in s. 1.01(3), 396

who has received a license and who offers or operates a vehicle 397

immobilization service. 398

(d) "Vehicle immobilization device" means any mechanical 399

device designed or used to be attached to a wheel, tire, or 400

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other part of a parked motor vehicle or vessel and known by 401

terms such as a "boot" or "club," or "the "Barnacle". 402

(e) "Vehicle immobilization service" means a service 403

provided by an operator in which vehicles are immobilized using 404

vehicle immobilization devices. 405

(2) VEHICLE IMMOBILIZATION OPERATIONS; REQUIREMENTS.— 406

(a) Vehicle immobilization devices may be used upon motor 407

vehicles as provided in this section. 408

(b) A person may not act as an operator within this state 409

unless the person is licensed by the local government in the 410

jurisdiction where the operator will provides services. 411

(c) An operator may not provide immobilization services on 412

any property or lot in which the operator has an ownership or 413

other valuable interest in, if that property or lot is used for 414

the business of parking, or allowing for the parking of, motor 415

vehicles, or is engaged in the business of parking lot or valet 416

parking operations. 417

(d) Each operator shall conduct vehicle immobilization 418

services using a name that is distinguishable from any other 419

licensed operator. 420

(e) An operator and each individual who works for or on 421

behalf of the operator at all times while performing vehicle 422

immobilization services, must: 423

1. Wear a uniform that clearly identifies the operator 424

name used under paragraph (d). 425

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2. Carry an operator-issued photographic identification on 426

his or her person that clearly identifies the operator name used 427

under paragraph (d). 428

(f) Both sides of a motor vehicle used by an operator or 429

an individual under the operator's employment to perform vehicle 430

immobilization services shall have prominently displayed the 431

operator name used under paragraph (d) and that the operator 432

performs vehicle immobilization services, the address from which 433

the operator conducts business, and the telephone number of the 434

operator. The lettering must be in a color that contrasts with 435

the color of the vehicle or, if a vehicle magnet or decal is 436

used, must be in a color that contrasts with the color of the 437

magnet or decal. The lettering must be at least 1.5 inches in 438

height. 439

(g)1. An operator may conduct vehicle immobilization 440

services 24 hours per day, 7 days a week. 441

2. An operator shall maintain a telephone number that is 442

staffed by a live individual 24 hours per day, 7 days a week, to 443

communicate immediately with a driver or owner of an immobilized 444

motor vehicle. 445

(h) An operator who immobilizes a motor vehicle must affix 446

a notice to the driver's side window containing, at a minimum, 447

the following information: 448

1. A warning that any attempt to move the vehicle may 449

damage the vehicle. 450

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2. The name of the operator; 451

3. The telephone number to call to have the immobilization 452

device removed. 453

4. The fee for removing the immobilization device. 454

(i) A vehicle immobilization service or operator may not: 455

1. Immobilize a motor vehicle on private property without 456

having previously entered into a valid written contract for 457

vehicle immobilization services with the private property owner, 458

lawful lessee, managing agent, or other person in control of the 459

property or parking lot. 460

2. Fail to arrive at the site of an immobilized motor 461

vehicle within one hour after being contacted by the owner or 462

person in custody or control of the motor vehicle. 463

3. Fail to release an immobilized motor vehicle within one 464

hour after receiving full payment from the owner, driver, or 465

person in charge of the motor vehicle. 466

4. Fail to provide a receipt after receiving full payment 467

from the owner, driver, or person in charge of the immobilized 468

motor vehicle. The receipt must include the name, address, and 469

telephone number of the operator or the name of the individual 470

under the operator's employment who removed the immobilization 471

device, and the operator's license number. 472

(j)1. The operator is liable for the cost of repairing a 473

motor vehicle damaged by a vehicle immobilization device. 474

2. The operator is not liable for any damage to a vehicle 475

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if the owner, driver, or person in charge of a motor vehicle to 476

which an immobilization device has been installed, attempts to 477

operate the vehicle or to remove the device. If the vehicle 478

immobilization device is damaged in this situation, the owner, 479

driver, or person in charge of the vehicle must pay for the cost 480

of the damage to the device. 481

(k) An operator shall maintain minimum insurance coverage 482

in the amount of $1 million in commercial general liability, $1 483

million in commercial automobile liability, $1 million in garage 484

liability, $1 million in professional liability, and $1 million 485

in umbrella coverage and must provide workers' compensation 486

coverage for the employees. 487

(3) PROHIBITED ACTIVITIES.—An operator may not: 488

(a) Procure a license by any fraudulent conduct or false 489

statement of a material fact. 490

(b) Pay any gratuity or other consideration to a person 491

for information concerning illegally parked motor vehicles, if 492

that person does not have an ownership interest in the property 493

or parking lot. 494

(c) Make any payment to a person or agent who has an 495

ownership interest in the property or parking lot, in excess of 496

the reasonable and customary fees ordinarily charged by such 497

person in possession of such property or parking lot; 498

(d) Charge fees in excess of those authorized in this 499

section. 500

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(e) Immobilize any motor vehicle located on any portion of 501

a public highway, road, street, or other public way, unless the 502

operator is contracted to do so by a governmental entity. 503

(4) SIGNAGE; REQUIREMENTS.— 504

(a) An operator may not immobilize a motor vehicle without 505

first posting signs meeting the following requirements: 506

1. Signs must be located at each designated entrance to a 507

parking lot or parking area where parking prohibitions are in 508

effect. If there is no designated entrance, a sign shall be 509

erected so as to be clearly visible from each parking space; and 510

2. Signs must be at least 18 inches by 24 inches in size, 511

or if not allowed in such size, the maximum allowable size. 512

(b) The letters on the signs must be at least 1.5 inches 513

in height and in a solid color that contrasts with the 514

background. 515

(c) Signs must clearly state the following, at a minimum: 516

1. WARNING: IMMOBILIZATION ENFORCED 24/7. 517

2. UNAUTHORIZED VEHICLES MAY BE IMMOBILIZED AT OWNER'S 518

RISK AND EXPENSE. 519

3. THE IMMOBILZATION OPERATOR IS (insert name of vehicle 520

immobilization service). 521

4. THE TELEPHONE NUMBER FOR IMMOBILZATION REMOVAL IS 522

(insert operator's telephone number). 523

(d) Signs may not contain abbreviations. 524

(5) ADMINISTRATIVE ACTIONS; OPERATOR RIGHTS.— 525

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(a) A local government that issued a license to an 526

operator may impose a fine upon such operator and may revoke, 527

suspend, or not renew a license for due cause. 528

(b) Before a local government may take any adverse action 529

against an operator, it must first provide notice to the 530

operator and hold a hearing. Notice of the hearing must be in 531

writing and served on the operator at least 30 days before the 532

hearing date. The notice must state the grounds of the complaint 533

against the operator and must designate the time and place of 534

the hearing. The notice must be served upon the operator via 535

certified mail, signature required, addressed to the operator at 536

the address provided on the operator's current application. 537

(c)1. The local government may not suspend an operator's 538

license for more than 30 days for a first violation. 539

2. The local government may revoke the license of an 540

operator who has had multiple violations. Any person whose 541

license has been revoked pursuant to this section may not 542

reapply to the local government for an operator license for 12 543

months immediately following the revocation. 544

3. The local government may revoke an operator's license 545

if a person with an ownership interest in an immobilization 546

service violates a provision of this section. 547

(d) The maximum fine for a violation of this section is 548

$1,000. 549



By Senator Flores

39-01373-19 20191666__

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An act relating to the anchoring and mooring of 2

vessels outside of public mooring fields; creating s. 3

327.4106, F.S.; defining the terms “store” and 4

“stored”; prohibiting the owner, operator, or person 5

in charge of a vessel from anchoring or mooring 6

outside of public mooring fields for longer than a 7

specified period of time; requiring the relocation or 8

removal from the water of vessels anchored or moored 9

in violation of the prohibition; providing that such a 10

violation is noncriminal and is punishable by a fine; 11

amending s. 327.70, F.S.; providing for issuance of 12

uniform boating citations for such violations; 13

amending s. 327.73, F.S.; specifying the fines for 14

such violations; providing an effective date. 15

16


18


to read: 20

327.4106 Anchoring and mooring of vessels outside of public 21

mooring fields prohibited; penalties.— 22

(1) As used in this section, the term “store” or “stored” 23

means that a vessel is not under the supervision and control of 24

a person capable of operating and maintaining it or promptly 25

moving it from one location to another. 26

(2) The owner, operator, or person in charge of a vessel 27

may not store the vessel at anchor in one location on the public 28

waters of the state, outside of public mooring fields, for more 29


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than 60 consecutive days. The owner, operator, or person in 30

charge of the vessel that is stored beyond this 60-day limit 31

must relocate the vessel to another location that is at least 10 32

miles from its current location; relocate the vessel to a 33

permitted mooring, a marina slip, or a private dock; or remove 34

the vessel from the water. 35

(3) A violation of this section is a noncriminal 36

infraction, punishable as provided in s. 327.73(1)(cc). 37



327.70 Enforcement of this chapter and chapter 328.— 40

(3)(a) Noncriminal violations of the following statutes may 41

be enforced by a uniform boating citation mailed to the 42

registered owner of an unattended vessel anchored, aground, or 43

moored on the waters of this state: 44

1. Section 327.33(3)(b), relating to navigation rules. 45

2. Section 327.44, relating to interference with 46

navigation. 47

3. Section 327.50(2), relating to required lights and 48

shapes. 49

4. Section 327.53, relating to marine sanitation. 50

5. Section 328.48(5), relating to display of decal. 51

6. Section 328.52(2), relating to display of number. 52

7. Section 327.4106, relating to prohibited anchoring or 53

mooring outside public mooring fields. 54

8.7. Section 327.4107, relating to vessels at risk of 55

becoming derelict. 56

9.8. Section 327.4109, relating to prohibited anchoring or 57

mooring. 58


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(b) Citations issued to livery vessels under this 59

subsection are the responsibility of the lessee of the vessel if 60

the livery has included a warning of this responsibility as a 61

part of the rental agreement and has provided to the agency 62

issuing the citation the name, address, and date of birth of the 63

lessee when requested by that agency. The livery is not 64

responsible for the payment of citations if the livery provides 65

the required warning and lessee information. 66

(c) A noncriminal violation of s. 327.4108 may be enforced 67

by a uniform boating citation issued to the operator of a vessel 68

unlawfully anchored in an anchoring limitation area. 69

(d) A noncriminal violation of s. 327.4109 may be enforced 70

by a uniform boating citation issued to the owner or operator of 71

a vessel or floating structure unlawfully anchored or moored in 72

a prohibited area. 73

(e) A noncriminal violation of s. 327.4106 may be enforced 74

by issuance of a uniform boating citation to the owner, 75

operator, or person in charge of a vessel unlawfully anchored or 76

moored outside of a public mooring field for more than 60 77

consecutive days. 78

Section 3. Paragraph (cc) is added to subsection (1) of 79

section 327.73, Florida Statutes, to read: 80




(cc) Section 327.4106, relating to anchoring or mooring 84

outside public mooring areas. Each day beyond the limit 85

constitutes a separate offense. The penalty for such a violation 86

is: 87


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2. For a second offense, $100. 89

3. For a third or subsequent offense, $250. 90

91















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An act relating to anchored vessels; amending s. 2

327.4109, F.S.; providing a definition; directing the 3

Fish and Wildlife Conservation Commission to conduct, 4

contingent on appropriation, a specified study of the 5

impacts of long-term stored vessels on local 6

communities and the state and to submit a report to 7

the Governor and Legislature by a specified date; 8

providing for expiration of the study; amending s. 9

328.72, F.S.; revising the distribution of vessel 10

registration fees to provide grants for derelict 11

vessel removal; amending s. 376.15, F.S.; authorizing 12

the commission to use certain funds to remove, or to 13

pay private contractors to remove, derelict vessels; 14

amending s. 823.11, F.S.; prohibiting persons from 15

residing or dwelling on certain derelict vessels until 16

certain conditions are met; providing an effective 17

date. 18

19


21

Section 1. Subsection (6) is added to section 327.4109, 22

Florida Statutes, to read: 23

327.4109 Anchoring or mooring prohibited; exceptions; 24

penalties.— 25

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(6)(a) As used in this subsection, the term "long-term 26

stored vessel" means a vessel on the waters of the state that 27

has remained anchored outside of a public mooring field for at 28

least 21 days out of a 60-day period. 29

(b) Contingent upon appropriation by the Legislature, the 30

commission may conduct, or contract with a private vendor to 31

conduct, a study of the impacts of long-term stored vessels on 32

local communities and the state. 33

(c) The study shall: 34

1. Investigate if and to what extent long-term stored 35

vessels contribute to the number of derelict and abandoned 36

vessels on the waters of the state. 37

2. Investigate the impacts of long-term stored vessels and 38

vessels anchored within public mooring fields on the local and 39

state economies, public safety, and the environment during and 40

after significant tropical storm and hurricane events. 41

3. Provide recommendations for appropriate management 42

options for long-term stored vessels to mitigate any identified 43

negative impacts to local communities and the state. 44

(d) The commission shall submit a report of its findings 45

and recommendations to the Governor, the President of the 46

Senate, and the Speaker of the House of Representatives by 47

January 1, 2025. 48

(e) This subsection expires January 1, 2025. 49


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328.72 Classification; registration; fees and charges; 52

surcharge; disposition of fees; fines; marine turtle stickers.— 53

(15) DISTRIBUTION OF FEES.—Except as provided in this 54

subsection for the first $2, $1 of which shall be remitted to 55

the state for deposit into the Save the Manatee Trust Fund 56

created within the Fish and Wildlife Conservation Commission and 57

$1 of which shall be remitted to the state for deposit into the 58

Marine Resources Conservation Trust Fund to fund a grant program 59

for public launching facilities pursuant to s. 206.606, giving 60

priority consideration to counties with more than 35,000 61

registered vessels, moneys designated for the use of the 62

counties, as specified in subsection (1), shall be distributed 63

by the tax collector to the board of county commissioners for 64

use only as provided in this section. Such moneys to be returned 65

to the counties are for the sole purposes of providing, 66

maintaining, or operating recreational channel marking and other 67

uniform waterway markers, public boat ramps, lifts, and hoists, 68

marine railways, boat piers, docks, mooring buoys, and other 69

public launching facilities; and removing derelict vessels, 70

debris that specifically impede boat access, not including the 71

dredging of channels, and vessels and floating structures deemed 72

a hazard to public safety and health for failure to comply with 73

s. 327.53. Counties shall demonstrate through an annual detailed 74

accounting report of vessel registration revenues that the 75

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registration fees were spent as provided in this subsection. 76

This report shall be provided to the Fish and Wildlife 77

Conservation Commission no later than November 1 of each year. 78

If, before January 1 of each calendar year, the accounting 79

report meeting the prescribed criteria has still not been 80

provided to the commission, the tax collector of that county may 81

not distribute the moneys designated for the use of counties, as 82

specified in subsection (1), to the board of county 83

commissioners but shall, for the next calendar year, remit such 84

moneys to the state for deposit into the Marine Resources 85

Conservation Trust Fund. The commission shall return those 86

moneys to the county if the county fully complies with this 87

section within that calendar year. If the county does not fully 88

comply with this section within that calendar year, the moneys 89

shall remain within the Marine Resources Trust Fund and may be 90

appropriated for the purposes specified in this subsection. 91

(a) From the vessel registration fees designated for use 92

by the counties in subsection (1), $1 shall be remitted to the 93

state for deposit into the Save the Manatee Trust Fund. 94

(b) From the vessel registration fees designated for use 95

by the counties in subsection (1), $1 shall be remitted to the 96

state for deposit into the Marine Resources Conservation Trust 97

Fund to fund a grant program for public launching facilities 98

pursuant to s. 206.606, giving priority consideration to 99

counties with more than 35,000 registered vessels. 100

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(c) From the vessel registration fees designated for use 101

by the counties in subsection (1), the following amounts shall 102

be remitted to the state for deposit into the Marine Resources 103

Conservation Trust Fund to fund derelict vessel removal grants 104

pursuant to s. 376.15: 105

1. Class A-2: $0.25 for each 12-month period registered. 106

2. Class 1: $2.06 for each 12-month period registered. 107




6. Class 5: 25.46 for each 12-month period registered. 111

Section 3. Paragraph (d) of subsection (3) of section 112


376.15 Derelict vessels; relocation or removal from public 114

waters.— 115

(3) 116

(d) The commission may establish a program to provide 117

grants to local governments for the removal of derelict vessels 118

from the public waters of the state. The program shall be funded 119

from the Marine Resources Conservation Trust Fund or the Florida 120

Coastal Protection Trust Fund. Notwithstanding the provisions in 121

s. 216.181(11), funds available for grants may only be 122

authorized by appropriations acts of the Legislature. In a given 123

fiscal year if all funds appropriated pursuant to this paragraph 124

are not requested by and granted to local governments for the 125

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removal of derelict vessels by the end of the third quarter, the 126

Fish and Wildlife Conservation Commission may use the remainder 127

of the funds to remove, or to pay private contractors to remove, 128

derelict vessels. 129



823.11 Derelict vessels; relocation or removal; penalty.— 132

(6) If an owner or responsible party of a derelict vessel 133

has been charged by an officer of the commission or any law 134

enforcement agency or officer specified in s. 327.70 for a 135

violation of subsection (2) or a violation of s. 376.15(2), a 136

person may not reside or dwell on such vessel until the vessel 137

is removed from the waters of the state permanently or returned 138

to the waters of the state in a condition that is no longer 139

derelict. 140



By Senator Mayfield

17-00538-19 2019446__

Page 1 of 20



An act relating to coastal management; amending s. 2

161.101, F.S.; revising the criteria the Department of 3

Environmental Protection must consider in determining 4

and assigning annual funding priorities for beach 5

management and erosion control projects; specifying 6

tiers for such criteria; requiring tiers to be given 7

certain weight; requiring the department to update 8

active project lists on its website; redefining the 9

term “significant change”; revising the department’s 10

reporting requirements; specifying allowable uses for 11

certain surplus funds; revising the requirements for a 12

specified summary; requiring that funding for certain 13

projects remain available for a specified period; 14

amending s. 161.143, F.S.; specifying the scope of 15

certain projects; revising the list of projects 16

included as inlet management projects; requiring that 17

certain projects be considered separate and apart from 18

other specified projects; revising the ranking 19

criteria to be used by the department to establish 20

certain funding priorities for certain inlet-caused 21

beach erosion projects; revising provisions 22

authorizing the department to spend certain 23

appropriated funds for the management of inlets; 24

deleting a provision authorizing the department to 25

spend certain appropriated funds for specified inlet 26

studies; revising the required elements of the 27

department’s report of prioritized inlet management 28

projects; revising the funds that the department must 29


17-00538-19 2019446__

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make available to certain inlet management projects; 30

requiring the department to include specified 31

activities on the inlet management project list; 32

deleting provisions requiring the department to make 33

available funding for specified projects; deleting a 34

requirement that the Legislature designate a project 35

as an Inlet of the Year; requiring the department to 36

update and maintain a report regarding the progress of 37

certain inlet management projects; deleting certain 38

temporary provisions relating to specified 39

appropriations; revising the requirements for the 40

report; amending s. 161.161, F.S.; revising 41

requirements for the comprehensive long-term 42

management plan; requiring the plan to include a 43

strategic beach management plan, a critically eroded 44

beaches report, and a statewide long-range budget 45

plan; providing for the development and maintenance of 46

such plans; deleting a requirement that the department 47

submit a certain beach management plan on a certain 48

date each year; requiring the department to hold a 49

public meeting before finalization of the strategic 50

beach management plan; requiring the department to 51

submit a 3-year work plan and a related forecast for 52

the availability of funding to the Legislature; 53

providing effective dates. 54

55


57

Section 1. Effective July 1, 2020, subsection (14) of 58


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section 161.101, Florida Statutes, is amended to read: 59

161.101 State and local participation in authorized 60

projects and studies relating to beach management and erosion 61

control.— 62

(14) The intent of the Legislature in preserving and 63

protecting Florida’s sandy beaches pursuant to this act is to 64

direct beach erosion control appropriations to the state’s most 65

severely eroded beaches, and to prevent further adverse impact 66

caused by improved, modified, or altered inlets, coastal 67

armoring, or existing upland development. In establishing annual 68

project funding priorities, the department shall seek formal 69

input from local coastal governments, beach and general 70

government interest groups, and university experts. The 71

department shall adopt by rule a scoring system to determine 72

annual project funding priorities. The scoring system must 73

consist of the following criteria equally weighted within the 74

following specified tiers criteria to be considered by the 75

department in determining annual funding priorities shall 76

include: 77

(a) Tier 1 must account for 20 percent of the total score 78

and consist of the tourism-related return on investment and the 79

economic impact of the project. The return on investment of the 80

project is the ratio of the tourism-related tax revenues for the 81

most recent year to the amount of state funding requested for 82

the proposed project. The economic impact of the project is the 83

ratio of the tourism-related tax revenues for the most recent 84

year to all county tax revenues for the most recent year. The 85

department must calculate these ratios using state sales tax and 86

tourism development tax data of the county having jurisdiction 87


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over the project area. If multiple counties have jurisdiction 88

over the project area, the department must assess each county 89

individually using these ratios. The department shall calculate 90

the mean average of these ratios to determine the final overall 91

assessment for the multicounty project the severity of erosion 92

conditions, the threat to existing upland development, and 93

recreational and/or economic benefits. 94

(b) Tier 2 must account for 45 percent of the total score 95

and consist of all of the following criteria: 96

1. The availability of federal matching dollars, 97

considering federal authorization, the federal cost-share 98

percentage, and the status of the funding award. 99

2. The storm damage reduction benefits of the project based 100

on the following considerations: 101

a. The current conditions of the project area, including 102

any recent storm damage impact, as a percentage of volume of 103

sand lost since the most recent beach nourishment event or most 104

recent beach surveys. If the project area has not been 105

previously restored, the department must use the historical 106

background erosion rate; 107

b. The overall potential threat to existing upland 108

development, including public and private structures and 109

infrastructure, based on the percentage of vulnerable shoreline 110

within the project boundaries; and 111

c. The value of upland property benefiting from the 112

protection provided by the project and its subsequent 113

maintenance. A property must be within one-quarter mile of the 114

project boundaries to be considered under the criterion 115

specified in this sub-subparagraph. 116


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3. The cost-effectiveness of the project based on the 117

yearly cost per volume per mile of proposed beach fill 118

placement. The department shall also consider the following when 119

assessing cost-effectiveness pursuant to this subparagraph: 120

a. The existence of projects with proposed structural or 121

design components to extend the beach nourishment interval; 122

b. Existing beach nourishment projects that reduce upland 123

storm damage costs by incorporating new or enhanced dune 124

structures or new or existing dune restoration and revegetation 125

projects; 126

c. Proposed innovative technologies designed to reduce 127

project costs; and 128

d. Regional sediment management strategies and coordination 129

to conserve sand source resources and reduce project costs. 130

(c) Tier 3 must account for 20 percent of the total score 131

and consist of all of the following criteria: The extent of 132

local government sponsor financial and administrative commitment 133

to the project, including a long-term financial plan with a 134

designated funding source or sources for initial construction 135

and periodic maintenance. 136

1.(d) Previous state commitment and involvement in the 137

project, considering previously funded phases, the total amount 138

of previous state funding, and previous partial appropriations 139

for the proposed project. 140

2. The recreational benefits of the project based on: 141

a. The accessible beach area added by the project; and 142

b. The percentage of linear footage within the project 143

boundaries which is zoned: 144

(I) As recreational or open space; 145


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(II) For commercial use; or 146

(III) To otherwise allow for public lodging establishments. 147

(e) The anticipated physical performance of the proposed 148

project, including the frequency of periodic planned 149

nourishment. 150

3.(f) The extent to which the proposed project mitigates 151

the adverse impact of improved, modified, or altered inlets on 152

adjacent beaches. 153

(g) Innovative, cost-effective, and environmentally 154

sensitive applications to reduce erosion. 155

(h) Projects that provide enhanced habitat within or 156

adjacent to designated refuges of nesting sea turtles. 157

(i) The extent to which local or regional sponsors of beach 158

erosion control projects agree to coordinate the planning, 159

design, and construction of their projects to take advantage of 160

identifiable cost savings. 161

4.(j) The degree to which the project addresses the state’s 162

most significant beach erosion problems as a function of the 163

linear footage of the project shoreline and the cubic yards of 164

sand placed per mile per year. 165

(d) Tier 4 must account for 15 percent of the total score 166


1. Increased prioritization of projects that have been on 168

the department’s ranked project list for successive years and 169

that have not previously secured state funding for project 170

implementation. 171

2. Environmental habitat enhancement, recognizing state or 172

federal critical habitat areas for threatened or endangered 173

species which may be subject to extensive shoreline armoring, or 174


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recognizing areas where extensive shoreline armoring threatens 175

the availability or quality of habitat for such species. Turtle-176

friendly designs, dune and vegetation projects for areas with 177

redesigned or reduced fill templates, proposed incorporation of 178

best management practices and adaptive management strategies to 179

protect resources, and innovative technologies designed to 180

benefit critical habitat preservation may also be considered. 181

3. The overall readiness of the project to proceed in a 182

timely manner, considering the project’s readiness for the 183

construction phase of development, the status of required 184

permits, the status of any needed easement acquisition, the 185

availability of local funding sources, and the establishment of 186

an erosion control line. If the department identifies specific 187

reasonable and documented concerns that the project will not 188

proceed in a timely manner, the department may choose not to 189

include the project in the annual funding priorities submitted 190

to the Legislature. 191

192

If In the event that more than one project qualifies equally 193

under the provisions of this subsection, the department shall 194

assign funding priority to those projects shown to be most that 195

are ready to proceed. 196





control.— 201

(20) The department shall maintain active project lists, 202

updated at least quarterly, listings on its website by fiscal 203


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year in order to provide transparency regarding those projects 204

receiving funding and the funding amounts, and to facilitate 205

legislative reporting and oversight. In consideration of this 206

intent: 207

(a) The department shall notify the Executive Office of the 208

Governor and the Legislature regarding any significant changes 209

in the funding levels of a given project as initially requested 210

in the department’s budget submission and subsequently included 211

in approved annual funding allocations. The term “significant 212

change” means a project-specific change or cumulative changes 213

that exceed the project’s original allocation by $500,000 or 214

that exceed those changes exceeding 25 percent of the a 215

project’s original allocation. 216

1. Except as provided in subparagraph 2., if there is 217

surplus funding, the department must provide a notification and 218

supporting justification shall be provided to the Executive 219

Office of the Governor and the Legislature to indicate whether 220

surplus additional dollars are intended to be used for inlet 221

management projects pursuant to s. 161.143 or for beach 222

restoration and beach nourishment projects, offered for 223

reversion as part of the next appropriations process, or used 224

for other specified priority projects on active project lists. 225

2. For surplus funds for projects that do not have a 226

significant change, the department may use such funds for the 227

same purposes identified in subparagraph 1. The department must 228

post the uses of such funds on the project listing web page of 229

its website. No other notice or supporting justification is 230

required before the use of surplus funds for a project that does 231

not have a significant change. 232


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(b) The department shall prepare a summary of specific 233

project activities for the current fiscal year, their funding 234

status, and changes to annual project lists for the current and 235

preceding fiscal year. shall be prepared by The department shall 236

include the summary and included with the department’s 237

submission of its annual legislative budget request. 238

(c) Funding for specific projects on annual project lists 239

approved by the Legislature must remain available for such 240

projects for 18 months. A local project sponsor may at any time 241

release, in whole or in part, appropriated project dollars by 242

formal notification to the department. The department, which 243

shall notify the Executive Office of the Governor and the 244

Legislature of such release and. Notification must indicate in 245

the notification how the project dollars are recommended 246

intended to be used after such release. 247

Section 3. Subsections (2) through (5) of section 161.143, 248

Florida Statutes, are amended to read: 249

161.143 Inlet management; planning, prioritizing, funding, 250

approving, and implementing projects.— 251

(2) The department shall establish annual funding 252

priorities for studies, activities, or other projects concerning 253

inlet management. Such inlet management projects constitute the 254

intended scope of this section and s. 161.142 and consist of 255

include, but are not limited to, inlet sand bypassing, 256

improvement of infrastructure to facilitate sand bypassing, 257

modifications to channel dredging, jetty redesign, jetty repair, 258

disposal of spoil material, and the development, revision, 259

adoption, or implementation of an inlet management plan. 260

Projects considered for funding pursuant to this section must be 261


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considered separate and apart from projects reviewed and 262

prioritized in s. 161.101(14). The funding priorities 263

established by the department under this section must be 264

consistent with the requirements and legislative declaration in 265

ss. 161.101(14), 161.142, and 161.161(1)(b). In establishing 266

funding priorities under this subsection and before transmitting 267

the annual inlet project list to the Legislature under 268

subsection (4) (5), the department shall seek formal input from 269

local coastal governments, beach and general government 270

associations and other coastal interest groups, and university 271

experts concerning annual funding priorities for inlet 272

management projects. In order to maximize the benefits of 273

efforts to address the inlet-caused beach erosion problems of 274

this state, the ranking criteria used by the department to 275

establish funding priorities for studies, activities, or other 276

projects concerning inlet management must include equal 277

consideration of: 278

(a) An estimate of the annual quantity of beach-quality 279

sand reaching the updrift boundary of the improved jetty or 280

inlet channel. 281

(b) The severity of the erosion to the adjacent beaches 282

caused by the inlet and the extent to which the proposed project 283

mitigates the erosive effects of the inlet. 284

(c) The overall significance and anticipated success of the 285

proposed project in mitigating the erosive effects of the inlet, 286

balancing the sediment budget of the inlet and adjacent beaches, 287

and addressing the sand deficit along the inlet-affected 288

shorelines. 289

(d) The extent to which existing bypassing activities at an 290


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inlet would benefit from modest, cost-effective improvements 291

when considering the volumetric increases from the proposed 292

project, the availability of beach-quality sand currently not 293

being bypassed to adjacent eroding beaches, and the ease with 294

which such beach-quality sand may be obtained. 295

(e) The cost-effectiveness of sand made available by a 296

proposed inlet management project or activity relative to other 297

sand source opportunities that would be used to address inlet-298

caused beach erosion The interest and commitment of local 299

governments as demonstrated by their willingness to coordinate 300

the planning, design, construction, and maintenance of an inlet 301

management project and their financial plan for funding the 302

local cost share for initial construction, ongoing sand 303

bypassing, channel dredging, and maintenance. 304

(f) The existence of a proposed or recently updated The 305

previous completion or approval of a state-sponsored inlet 306

management plan or a local-government-sponsored inlet study 307

addressing concerning the inlet addressed by the proposed 308

project, the ease of updating and revising any such plan or 309

study, and the adequacy and specificity of the plan’s or study’s 310

recommendations concerning the mitigation of an inlet’s erosive 311

effects on adjacent beaches. 312

(g) The degree to which the proposed project will enhance 313

the performance and longevity of proximate beach nourishment 314

projects, thereby reducing the frequency of such periodic 315

nourishment projects. 316

(h) The project-ranking criteria in s. 161.101(14) to the 317

extent such criteria are applicable to inlet management studies, 318

projects, and activities and are distinct from, and not 319


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duplicative of, the criteria listed in paragraphs (a)-(g). 320

(3) The department may pay from legislative appropriations 321

up to 75 percent of the construction costs of an initial major 322

inlet management project component for the purpose of mitigating 323

the erosive effects of the inlet to the shoreline and balancing 324

the sediment budget. The remaining balance of such construction 325

costs must be paid from other funding sources, such as local 326

sponsors. All project costs not associated with an initial major 327

inlet management project component must be shared equally by 328

state and local sponsors in accordance with, pursuant to s. 329

161.101 and notwithstanding s. 161.101(15), pay from legislative 330

appropriations provided for these purposes 75 percent of the 331

total costs, or, if applicable, the nonfederal costs, of a 332

study, activity, or other project concerning the management of 333

an inlet. The balance must be paid by the local governments or 334

special districts having jurisdiction over the property where 335

the inlet is located. 336

(4) Using the legislative appropriation to the statewide 337

beach-management-support category of the department’s fixed 338

capital outlay funding request, the department may employ 339

university-based or other contractual sources and pay 100 340

percent of the costs of studies that are consistent with the 341

legislative declaration in s. 161.142 and that: 342

(a) Determine, calculate, refine, and achieve general 343

consensus regarding net annual sediment transport volumes to be 344

used for the purpose of planning and prioritizing inlet 345

management projects; and 346

(b) Appropriate, assign, and apportion responsibilities 347

between inlet beneficiaries for the erosion caused by a 348


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particular inlet on adjacent beaches. 349

(4)(5) The department shall annually provide an inlet 350

management project list, in priority order, to the Legislature 351

as part of the department’s budget request. The list must 352

include studies, projects, or other activities that address the 353

management of at least 10 separate inlets and that are ranked 354

according to the criteria established under subsection (2). 355

(a) The department shall designate for make available at 356

least 10 percent of the total amount that the Legislature 357

appropriates in each fiscal year for statewide beach management 358

for the three highest-ranked projects on the current year’s 359

inlet management project list, in priority order, an amount that 360

is at least equal to the greater of: 361

1. Ten percent of the total amount that the Legislature 362

appropriates in the fiscal year for statewide beach management; 363

or 364

2. The percentage of inlet management funding requests from 365

local sponsors as a proportion of the total amount of statewide 366

beach management dollars requested in a given year. 367

(b) The department shall include inlet monitoring 368

activities ranked on the inlet management project list as one 369

aggregated subcategory on the overall inlet management project 370

list make available at least 50 percent of the funds 371

appropriated for the feasibility and design category in the 372

department’s fixed capital outlay funding request for projects 373

on the current year’s inlet management project list which 374

involve the study for, or design or development of, an inlet 375

management project. 376

(c) The department shall make available all statewide beach 377


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management funds that remain unencumbered or are allocated to 378

non-project-specific activities for projects on legislatively 379

approved inlet management project lists. Funding for local-380

government-specific projects on annual project lists approved by 381

the Legislature must remain available for such purposes for a 382

period of 18 months pursuant to s. 216.301(2)(a). Based on an 383

assessment and the department’s determination that a project 384

will not be ready to proceed during this 18-month period, such 385

funds shall be used for inlet management projects on 386

legislatively approved lists. 387

(5)(d) The Legislature shall designate one of the three 388

highest projects on the inlet management project list in any 389

year as the Inlet of the Year. The department shall update and 390

maintain an annual annually report on its website to the 391

Legislature concerning the extent to which each inlet project 392

designated by the Legislature as Inlet of the Year has succeeded 393

in balancing the sediment budget of the inlet and adjacent 394

beaches and in, mitigating the inlet’s erosive effects on 395

adjacent beaches. The report must provide an estimate of the 396

quantity of sediment bypassed, transferred, and transferring or 397

otherwise placed placing beach-quality sand on adjacent eroding 398

beaches, or in such beaches’ nearshore area, for the purpose of 399

offsetting the erosive effects of inlets on the beaches of this 400

state. 401

Section 4. Effective July 1, 2020, subsection (1) and 402

present subsection (2) of section 161.161, Florida Statutes, are 403

amended, a new subsection (2) is added to that section, and 404

present subsections (2) through (7) are redesignated as 405

subsections (3) through (8), respectively, to read: 406


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161.161 Procedure for approval of projects.— 407

(1) The department shall develop and maintain a 408

comprehensive long-term beach management plan for the 409

restoration and maintenance of the state’s critically eroded 410

beaches fronting the Atlantic Ocean, Gulf of Mexico, and Straits 411

of Florida. In developing and maintaining this the beach 412

management plan, the department shall: 413

(a) Address long-term solutions to the problem of 414

critically eroded beaches in this state. 415

(b) Evaluate each improved, modified, or altered inlet and 416

determine whether the inlet is a significant cause of beach 417

erosion. With respect to each inlet determined to be a 418

significant cause of beach erosion, the plan shall include: 419

1. the extent to which such inlet causes beach erosion and 420

recommendations to mitigate the erosive impact of the inlet, 421

including, but not limited to, recommendations regarding inlet 422

sediment bypassing; improvement of infrastructure to facilitate 423

sand bypassing; modifications to channel dredging, jetty design, 424

and disposal of spoil material; establishment of feeder beaches; 425

and beach restoration and beach nourishment; and 426

2. Cost estimates necessary to take inlet corrective 427

measures and recommendations regarding cost sharing among the 428

beneficiaries of such inlet. 429

(c) Evaluate Design criteria for beach restoration and 430

beach nourishment projects, including, but not limited to,: 431

1. dune elevation and width and revegetation and 432

stabilization requirements,; and 433

2. beach profiles profile. 434

(d) Consider Evaluate the establishment of regional 435


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sediment management alternatives for one or more individual 436

beach and inlet sand bypassing projects feeder beaches as an 437

alternative to direct beach restoration when appropriate and 438

cost-effective, and recommend the location of such regional 439

sediment management alternatives feeder beaches and the source 440

of beach-compatible sand. 441

(e) Identify causes of shoreline erosion and change, 442

determine calculate erosion rates, and maintain an updated list 443

of critically eroded sandy beaches based on data, analyses, and 444

investigations of shoreline conditions and project long-term 445

erosion for all major beach and dune systems by surveys and 446

profiles. 447

(f) Identify shoreline development and degree of density 448

and Assess impacts of development and coastal protection 449

shoreline protective structures on shoreline change and erosion. 450

(g) Identify short-term and long-term economic costs and 451

benefits of beaches to the state of Florida and individual beach 452

communities, including recreational value to user groups, tax 453

base, revenues generated, and beach acquisition and maintenance 454

costs. 455

(h) Study dune and vegetation conditions, identify existing 456

beach projects without dune features or with dunes without 457

adequate elevations, and encourage dune restoration and 458

revegetation to be incorporated as part of storm damage recovery 459

projects or future dune maintenance events. 460

(i) Identify beach areas used by marine turtles and develop 461

strategies for protection of the turtles and their nests and 462

nesting locations. 463

(j) Identify alternative management responses to preserve 464


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undeveloped beach and dune systems and, to restore damaged beach 465

and dune systems. In identifying such management responses, the 466

department shall consider, at a minimum, and to prevent 467

inappropriate development and redevelopment on migrating 468

beaches, and consider beach restoration and nourishment, 469

armoring, relocation and abandonment, dune and vegetation 470

restoration, and acquisition. 471

(k) Document procedures and policies for preparing post-472

storm damage assessments and corresponding recovery plans, 473

including repair cost estimates Establish criteria, including 474

costs and specific implementation actions, for alternative 475

management techniques. 476

(l) Identify and assess Select and recommend appropriate 477

management measures for all of the state’s critically eroded 478

sandy beaches in a beach management program. 479

(m) Establish a list of beach restoration and beach 480

nourishment projects, arranged in order of priority, and the 481

funding levels needed for such projects. 482

(2) The comprehensive long-term management plan developed 483

and maintained by the department pursuant to subsection (1) must 484

include, at a minimum, a strategic beach management plan, a 485

critically eroded beaches report, and a statewide long-range 486

budget plan. The long-range budget plan must include a 3-year 487

work plan for beach restoration, beach nourishment, and inlet 488

management projects that lists planned projects for each of the 489

3 fiscal years addressed in the work plan. 490

(a) The strategic beach management plan must identify and 491

recommend appropriate measures for all of the state’s critically 492

eroded sandy beaches and may incorporate plans be prepared at 493


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the regional level, taking into account based upon areas of 494

greatest need and probable federal and local funding. Upon 495

approval in accordance with this section, such regional plans, 496

along with the 3-year work plan identified in subparagraph 497

(c)1., must shall be components of the statewide beach 498

management plan and shall serve as the basis for state funding 499

decisions upon approval in accordance with chapter 86-138, Laws 500

of Florida. Before finalizing the strategic beach management 501

plan In accordance with a schedule established for the 502

submission of regional plans by the department, any completed 503

plan must be submitted to the secretary of the department for 504

approval no later than March 1 of each year. These regional 505

plans shall include, but shall not be limited to, 506

recommendations of appropriate funding mechanisms for 507

implementing projects in the beach management plan, giving 508

consideration to the use of single-county and multicounty taxing 509

districts or other revenue generation measures by state and 510

local governments and the private sector. Prior to presenting 511

the plan to the secretary of the department, the department 512

shall hold a public meeting in the region areas for which the 513

plan is prepared or hold a publicly noticed webinar. The plan 514

submission schedule shall be submitted to the secretary for 515

approval. Any revisions to such schedule must be approved in 516

like manner. 517

(b) The critically eroded beaches report must be developed 518

and maintained based primarily on the requirements specified in 519

paragraph (1)(e). 520

(c) The statewide long-range budget plan must include at 521

least 5 years of planned beach restoration, beach nourishment, 522


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and inlet management project funding needs as identified, and 523

subsequently refined, by local government sponsors. This plan 524

must consist of two components: 525

1. A 3-year work plan that identifies beach restoration, 526

beach nourishment, and inlet management projects viable for 527

implementation during the next 3 fiscal years, as determined by 528

available cost-sharing, local sponsor support, regulatory 529

considerations, and the ability of the project to proceed as 530

scheduled. The 3-year work plan must, for each fiscal year, 531

identify proposed projects and their current development status, 532

listing them in priority order based on the applicable criteria 533

established in ss. 161.101(14) and 161.143(2). Specific funding 534

requests and criteria ranking, pursuant to ss. 161.101(14) and 535

161.143(2), may be modified as warranted in each successive 536

fiscal year, and such modifications must be documented and 537

submitted to the Legislature with each 3-year work plan. Year 538

one projects shall consist of those projects identified for 539

funding consideration in the ensuing fiscal year. 540

2. A long-range plan that identifies projects for inclusion 541

in the fourth and fifth ensuing fiscal years. These projects may 542

be presented by region and do not need to be presented in 543

priority order; however, the department should identify issues 544

that may prevent successful completion of such projects and 545

recommend solutions that would allow the projects to progress 546

into the 3-year work plan. 547

(3)(2) Annually, The secretary shall annually present the 548

3-year work plan to the Legislature. The work plan must be 549

accompanied by a 3-year financial forecast for the availability 550

of funding for the projects recommendations for funding beach 551


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erosion control projects prioritized according to the criteria 552

established in s. 161.101(14). 553

Section 5. Except as otherwise expressly provided in this 554

act, this act shall take effect July 1, 2019. 555

The Florida Senate

BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.)

Prepared By: The Professional Staff of the Committee on Environment and Natural Resources

BILL: SB 446

INTRODUCER: Senator Mayfield and others

SUBJECT: Coastal Management

DATE: March 2, 2019

ANALYST STAFF DIRECTOR REFERENCE ACTION

1. Schreiber Rogers EN Favorable

2. AEG

3. AP

I. Summary:

SB 446 revises the criteria the Department of Environmental Protection uses to determine annual

funding priorities for beach erosion control projects and inlet management projects. The bill also

revises related requirements for the Department of Environmental Protection regarding reporting

and oversight, and the use of surplus funds for beach erosion control projects or inlet

management projects. The bill revises requirements regarding funding and reporting on inlet

management projects.

The bill revises the requirements for the Department of Environmental Protection to develop and

submit the components of the comprehensive long-term management plan for the restoration and

maintenance of Florida’s critically eroded beaches.

II. Present Situation:

Florida has 825 miles of sandy coastline.1 Beaches are one of Florida’s most valuable resources

as they serve multiple important functions including providing habitat and protection for many

plant and animal species, attracting millions of tourists to the state each year, and providing a

line of defense against major storms.2 Beaches are the most important feature of Florida’s brand,

accounting for 25.5 percent of the state’s attractiveness to visitors.3

The American Society of Civil Engineers rated Florida’s coastal areas infrastructure as a D+ in

its 2016 report card, due to the fact that in the ten preceding years the average difference between

1 DEP, Beaches, https://floridadep.gov/water/beaches (last visited Feb. 26, 2019). 2 Id. 3 Office of Economic & Demographic Research, Economic Evaluation of Florida’s Investment in Beaches: Identifying the

State’s Brand, Calculating the Return on Investment of Beach Restoration and Assessing the Risk of Disasters, 1 (Jan. 2015),

available at http://edr.state.fl.us/Content/returnoninvestment/BeachReport.pdf (last visited Feb. 26, 2019).

REVISED:

http://edr.state.fl.us/Content/returnoninvestment/BeachReport.pdf

BILL: SB 446 Page 2

requested and state appropriated funds exceeded $40 million per year.4 An evaluation by the

Office of Economic and Demographic Research determined that the state’s investment in beach

management and restoration generated a positive rate of return on investment of 5.4.5 A return

greater than one means that the tax revenues generated by tourists visiting the state more than

cover the state’s expenditures on beaches.6

Beach Erosion and Beach Nourishment

Coastal erosion is the loss of coastal lands due to the net removal of sediment, and it causes

beaches to become narrower and lower in elevation.7 This erosion is both natural and human-

caused. Sand naturally drifts along the shore due to waves, currents, and tides.8 Storms can cause

dramatic changes in a beach, including significant loss of sand.9 An “inlet” is a coastal waterway

separating two stretches of beach, and is defined as “a coastal barrier waterway connecting a bay,

lagoon, or similar body of water with” the ocean.10 There are 66 coastal barrier inlets in Florida,

and many of them are used for navigating vessels.11 Human-induced erosion is often caused by

the creation and maintenance of inlets, where sand has historically been removed from the shore

by dredging, and the natural drift of the sand is blocked by jetties, trapped in channels, or moved

into shallow tidal areas.12 Developing and placing infrastructure near the shore can also

contribute to coastal erosion by limiting the amount of sand stored in dunes.13

“Beach nourishment” is the practice of maintaining a beach by the replacement of sand.14 In a

typical beach nourishment project, sand is collected from an offshore location by a dredge and

4 American Society of Civil Engineers, 2016 Report Card for Florida’s Infrastructure, 2 (2016), available at

http://www.infrastructurereportcard.org/wp-content/uploads/2017/01/2016_RC_Final_screen.pdf (last visited Feb. 24, 2019). 5 Office of Economic & Demographic Research, Economic Evaluation of Florida’s Investment in Beaches: Identifying the

State’s Brand, Calculating the Return on Investment of Beach Restoration and Assessing the Risk of Disasters, 1 (Jan. 2015),

available at http://edr.state.fl.us/Content/returnoninvestment/BeachReport.pdf (last visited Feb. 26, 2019). 6 Id. 7 U.S. Geological Survey, Coastal Change Hazards: Hurricanes and Extreme Storms, Beach Erosion,

https://coastal.er.usgs.gov/hurricanes/coastal-change/beach-erosion.php (last visited Feb. 26, 2019); Australian Government,

Geoscience Australia, Coastal Erosion, http://www.ga.gov.au/scientific-topics/hazards/coastalerosion (last visited Feb. 25,

2019). 8 DEP, Strategic Beach Management Plan: Introduction, 1 (May 2018), available at

https://floridadep.gov/sites/default/files/SBMP-Introduction_0.pdf (last visited Feb. 25, 2019); see U.S. Geological Survey,

Longshore Current, https://pubs.usgs.gov/circ/c1075/longshore.html (last visited Feb. 27, 2019); see University of South

Florida, Florida Center for Instructional Technology, Changing Coastlines,

https://fcit.usf.edu/florida/teacher/science/mod2/changing.coastlines.html (last visited Feb. 28, 2019). Longshore transport is

the movement of sand along the shore, parallel to the coast, caused by longshore currents. 9 DEP, Strategic Beach Management Plan: Introduction, 1 (May 2018). 10 Fla. Admin. Code R. 62B-36.002(7). The complete definition of “inlet” is “a coastal barrier waterway connecting a bay,

lagoon, or similar body of water with the Gulf of Mexico, the Straits of Florida, or the Atlantic Ocean and all related flood

and ebb tidal shoals and the inlet shorelines. Improved, altered or modified inlets are those where stabilizing rigid coastal

structures have been constructed, or where inlet related structures or features such as channels have been constructed or are

actively maintained and the channel depth is greater than the inlet system would support in a natural state.” 11 DEP, Strategic Beach Management Plan: Introduction, 10 (May 2018). 12 Id. at 1. 13 Id. 14 Section 161.021(3), (4), F.S.; see DEP, Strategic Beach Management Plan: Introduction, 14 (May 2018). The first time

sand is added to a beach it is called “beach restoration,” and any subsequent project adding sand to the beach after the beach

restoration is called “beach nourishment.”

http://www.infrastructurereportcard.org/wp-content/uploads/2017/01/2016_RC_Final_screen.pdf

http://edr.state.fl.us/Content/returnoninvestment/BeachReport.pdf

https://coastal.er.usgs.gov/hurricanes/coastal-change/beach-erosion.php

http://www.ga.gov.au/scientific-topics/hazards/coastalerosion

https://pubs.usgs.gov/circ/c1075/longshore.html

https://fcit.usf.edu/florida/teacher/science/mod2/changing.coastlines.html

BILL: SB 446 Page 3

piped onto the beach.15 Bulldozers are then used to move the new sand on the beach until the

beach matches the project design profile.16 DEP is authorized to review innovative technologies

for beach nourishment and, on a limited basis, authorize alternatives to traditional dredge and fill

projects to determine the most cost-effective techniques for beach nourishment.17

The Legislature has recognized that beach-quality sand for the nourishment of the state's

critically eroded beaches is an exhaustible resource, in ever-decreasing supply, which must be

carefully managed for the benefit of Florida’s beaches.18 The Legislature has also recognized that

inlets interrupt or alter the natural drift of beach-quality sand resources, which often results in

these sand resources being deposited in nearshore areas or in the inlet channel, or in the inland

waterway adjacent to the inlet, instead of providing natural nourishment to the adjacent eroding

beaches.19

The Department of Environmental Protection (DEP) is required to determine which beaches are

critically eroded and in need of restoration and nourishment.20 According to DEP, as of 2017,

there are 420.9 miles of critically eroded beach, 8.7 miles of critically eroded inlet shoreline,

92.2 miles of non-critically eroded beach, and 3.2 miles of non-critically eroded inlet shoreline

statewide.21 Erosion is termed “critical” if there is a threat to or loss of one of four specific

interests: upland development, recreation, wildlife habitat, or important cultural resources.22

Beach and Shore Preservation

Beach and inlet management in Florida are governed by Chapter 161, F.S., Beach and Shore

Preservation. DEP is the beach and shore preservation authority for the state.23 DEP’s programs

for beach and shore preservation are implemented through its Division of Water Resource

Management.24 Under the Beaches, Inlets and Ports Program, DEP updates and maintains the

components of the Strategic Beach Management Plan (SBMP).25 The SBMP consists of multiple

plans developed at the regional level, and it identifies Florida’s critically eroded beaches and

15 DEP, Why Beach Restoration: Why Restore Eroded Beaches?, https://floridadep.gov/water/beaches-funding-

program/content/why-beach-restoration (last visited Feb. 25, 2019). 16 Id. 17 Section 161.082, F.S. 18 Section 161.144, F.S. 19 Section 161.142, F.S. 20 Section 161.101(1), F.S. 21 DEP, Division of Water Resource Management, Critically Eroded Beaches in Florida, 5, 20 (June 2018), available at

https://floridadep.gov/sites/default/files/CriticallyErodedBeaches.pdf (last visited Feb. 25, 2019); Fla. Admin. Code R. 62B-

36.002(5). The term “critically eroded shoreline” is defined as “a segment of shoreline where natural processes or human

activities have caused, or contributed to, erosion and recession of the beach and dune system to such a degree that upland

development, recreational interests, wildlife habitat or important cultural resources are threatened or lost. Critically eroded

shoreline may also include adjacent segments or gaps between identified critical erosion areas which, although they may be

stable or slightly erosional now, their inclusion is necessary for continuity of management of the coastal system or for the

design integrity of adjacent beach management projects.” 22 Fla. Admin. Code R. 62B-36.002(5). 23 Section 161.101(2), F.S. 24 DEP, Division of Water Resource Management, https://floridadep.gov/Water (last visited Feb. 25, 2019). 25 Section 161.161(1), F.S.; DEP, Strategic Planning and Coordination, https://floridadep.gov/water/beaches-inlets-

ports/content/strategic-planning-and-coordination#IMP (last visited Feb. 25, 2019).

https://floridadep.gov/Water

https://floridadep.gov/water/beaches-inlets-ports/content/strategic-planning-and-coordination#IMP

https://floridadep.gov/water/beaches-inlets-ports/content/strategic-planning-and-coordination#IMP

BILL: SB 446 Page 4

discusses strategies for beach and inlet management.26 Under the Beach Management Funding

Assistance Program, DEP receives funding requests from local governments for cost sharing of

beach and inlet management projects.27 DEP applies certain criteria to these projects to

determine funding priorities, creates lists that numerically rank the projects based on the criteria,

and then submits the ranked lists of projects to the Legislature in annual funding requests.28

Strategic Beach Management Plan

DEP is required to develop and maintain a comprehensive long-term management plan for the

restoration and maintenance of the state’s critically eroded beaches.29 The beach management

plan is required, in part, to accomplish the following:

Address long-term solutions to the problem of critically eroded beaches.

Evaluate each improved, modified, or altered inlet and determine whether the inlet is a

significant cause of beach erosion.

Design criteria for beach restoration and beach nourishment projects.

Identify causes of shoreline erosion and change, calculate erosion rates, and project

long-term erosion for all major beach and dune systems by surveys and profiles.

Study dune and vegetation conditions.

Establish a list of beach restoration and beach nourishment projects, arranged in order of

priority, and the funding levels needed for such projects.30

The SBMP is a set of beach management plans and a key component of DEP’s comprehensive

long-term management plan.31 It is a dynamic management tool for use by private individuals

and local, state, and federal government officials.32 The SBMP is updated periodically as specific

strategies are implemented, new resources and opportunities are identified, and proposed

strategies are developed by DEP and federal or local government sponsors.33 DEP prepares the

SBMP at the regional level.34 The regional plans include recommendations of appropriate

26 DEP also creates separate Inlet Management Plans. 27 Sections 161.101 and 161.143, F.S.; Fla. Admin. Code R. 62B-36; DEP, Beaches Funding Program,

https://floridadep.gov/water/beaches-funding-program (last visited Feb. 25, 2019). 28 Sections 161.101(14) and 161.161(2), F.S.; DEP, Division of Water Resource Management, Beach Management Funding

Assistance Program Fixed Capital Outlay Local Government Funding Request, Fiscal Year 2019-2020 (Feb. 2019),

available at https://floridadep.gov/sites/default/files/FY%2019-20%20LGFR_2.pdf (last visited Feb. 25, 2019). The funding

request document states: “[t]he prioritized list of beach erosion control projects is organized in two sections: (1) Beach

Restoration and Nourishment Projects (Beach Projects); and (2) Inlet Sand Bypassing/Inlet Management

Plan Implementation Projects (Inlet Projects).” 29 Section 161.161(1), F.S. 30 Id. 31 DEP, Strategic Planning and Coordination, https://floridadep.gov/water/beaches-inlets-ports/content/strategic-planning-

and-coordination#Strategic%20Beach%20Management%20Plan%20-%20SBMP (last visited Feb. 25, 2019); Fla. Admin.

Code R. 62B-36.002(1), (18). Only projects consistent with the SBMP will be considered for funding under the Beach

Management Funding Assistance Program. 32 DEP, Strategic Beach Management Plan: Introduction, 3 (May 2018), available at

https://floridadep.gov/sites/default/files/SBMP-Introduction_0.pdf (last visited Feb. 26, 2019). 33 Id. 34 DEP, Strategic Planning and Coordination, https://floridadep.gov/water/beaches-inlets-ports/content/strategic-planning-

and-coordination#Strategic%20Beach%20Management%20Plan%20-%20SBMP (last visited Feb. 25, 2019). This page

shows all of the regional plans that are components of the SBMP.

https://floridadep.gov/water/beaches-funding-program

https://floridadep.gov/sites/default/files/FY%2019-20%20LGFR_2.pdf

https://floridadep.gov/water/beaches-inlets-ports/content/strategic-planning-and-coordination#Strategic%20Beach%20Management%20Plan%20-%20SBMP




BILL: SB 446 Page 5

funding mechanisms for implementing projects in the beach management plan describe historical

and present beach restoration activities.35

Long Range Budget Plan

The statewide long range budget plan projects the ten-year planning needs for federal, state, and

local governments necessary to implement the SBMP.36 The budget plan is subdivided by the

same seven regions as the SBMP and provides a statewide survey of many individual project

efforts.37 The plan is developed in coordination with local sponsors, and submitted to the

Legislature annually as a companion document to the funding requests.38

Beach Management Funding Assistance Program

DEP established the Beach Management Funding Assistance Program for the purpose of

working together with local sponsors to achieve the protection, preservation, and restoration of

Florida’s sandy beaches, and the management of inlets to replicate the natural drift of sand.39

Pursuant to state public policy, the Legislature is required to fund beach restoration and

nourishment projects, including inlet management projects that cost-effectively provide

beach-quality material for adjacent critically eroded beaches.40 To be eligible for funding under

the program, a project must: be in an area designated as critically eroded shoreline, or benefit an

adjacent critically eroded shoreline; have a clearly identifiable beach management benefit

consistent with the state’s beach management plan; and be designed to reduce potential upland

damage or mitigate adverse impacts caused by improved, modified, or altered inlets, coastal

armoring, or existing upland development.41

The state is authorized to pay up to 75 percent of the actual costs for restoring and nourishing

critically eroded beaches, recognizing that local beach communities derive the primary benefits

from the presence of adequate beaches.42 The local government in which the beach is located is

responsible for funding the balance of such costs.43 However, the law states that “until the unmet

demand for repairing Florida’s damaged beaches and dunes is satisfied, it is the further intent of

the Legislature to cost-share such projects equally between state and local sponsors.”44

The Beach Management Funding Assistance Program accepts funding requests from local

governments in Florida each year.45 Local Government Funding Request Applications are

available for both beach projects and inlet projects.46

35 Section 161.161(1), F.S. 36 DEP, Florida Beach Management Program, Long Range Budget Plan for 2019-2029, 1 (Feb. 2019), available at

https://floridadep.gov/sites/default/files/FY%201929%20LRBP%20Report_0.pdf (last visited Feb. 25, 2019). 37 Id. at 2. 38 Fla. Admin. Code R. 62B-36.002(17). 39 Fla. Admin. Code R. 62B-36.001. 40 Section 161.088, F.S. 41 Id. 42 Section 161.101(1), F.S. 43 Id. 44 Section 161.101(15), F.S. 45 DEP, Beaches Funding Assistance Information, How To Apply, https://floridadep.gov/water/beaches-funding-

program/content/beaches-funding-assistance-information (last visited Feb. 26, 2019). 46 Id.

https://floridadep.gov/water/beaches-funding-program/content/beaches-funding-assistance-information

https://floridadep.gov/water/beaches-funding-program/content/beaches-funding-assistance-information

BILL: SB 446 Page 6

For a beach erosion control project to receive state funding, the project must: provide adequate

public access, protect natural resources, and protect endangered and threatened species.47 DEP is

required to consider the following criteria in determining annual funding priorities:

The severity of erosion conditions, the threat to existing upland development, and

recreational or economic benefits.

The availability of federal matching dollars.

The extent of the local government sponsor’s financial and administrative commitment to the

project, including its long-term financial plan with a designated funding source for initial

construction and periodic maintenance.

Previous state commitment and involvement in the project.

The anticipated physical performance of the project, including the frequency of periodic

planned nourishment.

The extent to which the project mitigates the adverse impact of improved, modified, or

altered inlets on adjacent beaches.

Innovative, cost-effective, and environmentally sensitive applications to reduce erosion.

Projects that provide enhanced habitat within or adjacent to designated refuges of nesting sea

turtles.

The extent to which local or regional sponsors of beach erosion control projects agree to

coordinate the planning, design, and construction of their projects to take advantage of

identifiable cost savings.

The degree to which the project addresses the state’s most significant beach erosion

problems.48

DEP uses other ranking criteria, in addition to the criteria for all beach erosion control projects

(when applicable), to establish funding priorities for inlet management projects.49 Those criteria

are required to include consideration of the following:

An estimate of the annual quantity of beach-quality sand reaching the updrift boundary of the

improved jetty or inlet channel.

The severity of the erosion to the adjacent beaches caused by the inlet and the extent to

which the proposed project mitigates the erosive effects of the inlet.

The overall significance and anticipated success of the proposed project in balancing the

sediment budget of the inlet and adjacent beaches and addressing the sand deficit along the

inlet-affected shorelines.

The extent to which existing bypassing activities at an inlet would benefit from modest, cost-

effective improvements when considering the volumetric increases from the proposed

project, the availability of beach-quality sand currently not being bypassed to adjacent

eroding beaches, and the ease with which such beach-quality sand may be obtained.

The interest and commitment of local governments as demonstrated by their willingness to

coordinate the planning, design, construction, and maintenance of an inlet management

project and their financial plan for funding the local cost share for initial construction,

ongoing sand bypassing, channel dredging, and maintenance.

47 Section 161.101(12), F.S. 48 Section 161.101(14), F.S. If multiple projects qualify equally under the criteria, DEP assigns priority to projects that are

ready to proceed. 49 Section 161.143(2), F.S.

BILL: SB 446 Page 7

The previous completion or approval of a state-sponsored inlet management plan or local-

government-sponsored inlet study concerning the inlet addressed by the proposed project, the

ease of updating and revising any such plan or study, and the adequacy and specificity of the

plan's or study's recommendations concerning the mitigation of an inlet's erosive effects on

adjacent beaches.

The degree to which the proposed project will enhance the performance and longevity of

proximate beach nourishment projects, thereby reducing the frequency of such periodic

nourishment projects.

The project-ranking criteria in s. 161.101(14), F.S., to the extent such criteria are applicable

to inlet management studies, projects, and activities.50

DEP established a point-based priority ranking system in order to implement the statutory

criteria for beach and inlet management projects for funding assistance.51 Under the system, a

project receives a total point score based on the established project ranking criteria. The total

amount of points available for beach management projects is 115 points and the total for inlet

management projects is 90 points.52 The charts below indicate the number of component criteria

under each statutory criteria as developed by DEP.53

50 Section 161.143(2)(a)-(h), F.S.; see DEP, Strategic Beach Management Plan: Introduction, 10, 14 (May 2018), available

at https://floridadep.gov/sites/default/files/SBMP-Introduction_0.pdf (last visited Feb. 26, 2019). Inlet bypassing projects

take sand from one side of the inlet, or from within the inlet, and place it along the shorelines adjacent to the inlet, to mitigate

the erosive effects of the inlet. Beach restoration, beach nourishment, and inlet bypassing are collectively referred to as

“active management.” As of 2017, 229.1 miles of Florida’s critically eroded sandy beaches are under active management. 51 Fla. Admin. Code R. 62B-36.006. 52 Office of Program Policy Analysis & Government Accountability (OPPAGA), The Beach Management Funding

Assistance Program Was Recently Improved, but Some Stakeholder Concerns Persist, 4 (Dec. 2014), available at

http://www.oppaga.state.fl.us/MonitorDocs/Reports/pdf/1412rpt.pdf (last visited Feb. 25, 2019). 53 Id.

http://www.oppaga.state.fl.us/MonitorDocs/Reports/pdf/1412rpt.pdf

BILL: SB 446 Page 8

DEP is prohibited from funding projects that provide only recreational benefits.54 All funded

projects are required to have an identifiable beach erosion control or beach preservation benefit

directed toward maintaining or enhancing the sand in the system.55 The following is a list of

activities that are ineligible for cost sharing:

Recreational structures, such as piers, decks, and boardwalks.

Park activities and facilities, except for erosion control.

Aesthetic vegetation.

Water quality components of stormwater management systems.

Experimental or demonstration projects, unless favorably peer-reviewed or scientifically

documented.

Hard structures, unless designed for erosion control or to enhance beach nourishment project

longevity or bypassing performance.

Operations and maintenance, with the exception of nourishment.

Maintenance and repair of over-walks.

Navigation construction, operation, and maintenance activities, except those elements whose

purpose is to place or keep sand on adjacent beaches.56

In December of 2014, the Office of Program Policy Analysis and Government Accountability

(OPPAGA) released a report evaluating DEP’s process for selecting and prioritizing beach

management and inlet management projects.57 The review considered the current statutory

criteria and related administrative rules, as well as the funding request application process,

information requirements, and timeline.58 OPPAGA also reviewed how DEP uses each ranking

criteria for establishing the annual priority order for beach management and restoration

projects.59

The report made several findings, including, but not limited to, finding that:

A limited number of factors account for a majority of the points awarded.

The criteria do not account for statewide differences in beach conditions, such as regional

differences in erosion patterns and variations in project costs.

The criteria do not adequately take into account the economic impact of beach projects,

particularly the value of tourism.

The criteria do not adequately account for a project’s cost effectiveness or performance.

The criteria do not take into account the impacts of recent storms or the current conditions of

the shoreline.

Stakeholders found the application requirements for funding to be too complicated and time

consuming.

Stakeholders perceived a bias for projects that received federal funding.

54 Section 161.101(13), F.S. 55 Id. 56 Id. 57 OPPAGA, The Beach Management Funding Assistance Program Was Recently Improved, but Some Stakeholder Concerns

Persist (Dec. 2014), available at http://www.oppaga.state.fl.us/MonitorDocs/Reports/pdf/1412rpt.pdf (last visited Feb. 26,

2019). 58 Id. at 1. 59 Id.

http://www.oppaga.state.fl.us/MonitorDocs/Reports/pdf/1412rpt.pdf

BILL: SB 446 Page 9

Stakeholders found that the criteria do not adequately provide for endangered and threatened

species.60

III. Effect of Proposed Changes:

Beach Erosion Control Projects

Section 1 amends s. 161.101, F.S., to require the Department of Environmental Protection (DEP)

to adopt by rule a scoring system to use when determining the annual funding priorities for beach

erosion control projects. The scoring system must consist of four tiers, and use equally weighted

criteria within each tier. If multiple projects qualify equally under the scoring system, priority

will be assigned to the projects shown to be most ready to proceed. The new scoring system will

go into effect on July 1, 2020.

Tier 1 (20% of the total project score)

Under Tier 1, DEP will consider the tourism-related return on investment and the economic

impact of the project, using county tax data to individually assess each county with jurisdiction

over the project area. The return on investment is the ratio of the tourism-related tax revenues in

the most recent year to the state funding requested for the project. The economic impact is the

ratio of the tourism-related tax revenues in the most recent year to all the county’s tax revenues

in the most recent year.


Under Tier 2, DEP will consider all of the following criteria relating to federal funding, storm

damage reduction, and cost-effectiveness:

The availability of federal matching dollars, considering federal authorization, the federal

cost-share percentage, and the status of the funding award.

The storm damage reduction benefits of the project based on the following considerations:

o The current conditions of the project area, including any recent storm damage impact, as

a percentage of volume of sand lost since the most recent beach nourishment event or

most recent beach surveys. If the project area has not been previously restored, DEP must

use the historical background erosion rate;

o The overall potential threat to existing upland development, including public and private

structures and infrastructure, based on the percentage of vulnerable shoreline within the

project boundaries; and

o The value of upland property benefiting from the protection provided by the project and

its subsequent maintenance. A property must be within one-quarter mile of the project

boundaries to be considered.

The cost-effectiveness of the project based on the yearly cost per volume per mile of

proposed beach fill placement. Cost-effectiveness is also assessed using the following

criteria:

o The existence of projects with proposed structural or design components to extend the

beach nourishment interval;

60 Id. at 6-12.

BILL: SB 446 Page 10

o Existing beach nourishment projects that reduce upland storm damage costs by

incorporating new or enhanced dune structures or new or existing dune restoration and

revegetation projects;

o Proposed innovative technologies designed to reduce project costs; and

o Regional sediment management strategies and coordination to conserve sand source

resources and reduce project costs.


Under Tier 3, DEP will consider all of the following criteria relating to previous state

involvement in the project, recreational benefits, mitigation of the impact of inlets, and the

state’s most significant beach erosion problems:

Previous state commitment and involvement in the project, considering previously funded

phases, the total amount of previous state funding, and previous partial appropriations for the

proposed project.

The recreational benefits of the projects based on:

o The accessible beach area added by the project; and

o The percentage of linear footage within the project boundaries which is zoned:

As recreational or open space;

For commercial use; or

To otherwise allow for public lodging establishments.

The extent to which the project mitigates the adverse impact of improved, modified, or

altered inlets on adjacent beaches.

The degree to which the project addresses the state’s most significant beach erosion problems

as a function of the linear footage of the project shoreline and the cubic yards of sand placed

per mile per year.


Under Tier 4, DEP will consider all of the following criteria relating to projects that have not

received funding after successive years, habitat enhancement, and a project’s overall readiness:

Increased prioritization of projects that have been on DEP’s ranked project list for successive

years and have not previously secured state funding for project implementation.

Environmental habitat enhancement, recognizing state or federal critical habitat areas for

threatened or endangered species which may be subject to extensive shoreline armoring, or

recognizing areas where extensive shoreline armoring threatens the availability or quality of

habitat for such species. Turtle-friendly designs, dune and vegetation projects for areas with

redesigned or reduced fill templates, proposed incorporation of best management practices

and adaptive management strategies to protect resources, and innovative technologies

designed to benefit critical habitat preservation may also be considered.

The overall readiness of the project to proceed in a timely manner, considering the project’s

readiness for the construction phase of development, the status of required permits, the status

of any needed easement acquisition, the availability of local funding sources, and the

establishment of an erosion control line. If DEP identifies specific reasonable and

documented concerns that the project will not proceed in a timely manner, DEP may choose

not to include the project in the annual funding priorities submitted to the Legislature.


Section 2 amends s. 161.101(20), F.S., to revise provisions relating to project lists, reporting

requirements, and surplus funding.

Project Lists, Notification, and Summary Reports

The bill requires DEP to update the active project lists quarterly. DEP is already required to

maintain the lists on its website organized by fiscal year.

The bill redefines the term “significant change” to mean a project-specific change or cumulative

changes that either: exceed the project’s original allocation by $500,000 or exceed 25 percent of

the project’s original allocation. DEP is required to notify the Governor and the Legislature when

a significant change occurs in the funding levels of a given project, as compared to the originally

approved allocation.

The bill requires DEP to provide a summary of project activities, funding statuses, and changes

to annual project lists for both the current and preceding year. Currently, DEP is not required to

include information for the preceding fiscal year in its summary. DEP submits the summary

along with its annual legislative budget request.

The bill requires that funding approved by the Legislature for specific projects on the annual

project lists must remain available for such projects for 18 months. The bill requires that, when a

local project sponsor releases appropriated project dollars, DEP will notify the Governor and the

Legislature of such release and indicate in the notification how the project dollars are

recommended to be used following the release.

Surplus Funding

The bill requires DEP to provide supporting justification when notifying the Governor and

Legislature to indicate whether DEP intends to use surplus dollars. The bill adds beach

restoration and beach nourishment projects to the various project types DEP is authorized to use

surplus funds for.

The bill authorizes DEP to use surplus funds for projects that do not have a significant change.

DEP will be authorized to use surplus funds for the following purposes, as long as they do not

have a significant change: inlet management projects or beach restoration and beach nourishment

projects; to be offered for reversion for the next appropriations process; or to be used for other

priority projects on active project lists. DEP must post such uses of surplus funds on its website,

on the project listing web page. The bill states that no other notice or supporting justification is

required before using surplus funds for a project that does not have a significant change.

Inlet Management Projects

Section 3 amends s. 161.143, F.S., to revise the required considerations for the ranking criteria

used to establish funding priorities for inlet management projects.


The bill states that inlet management projects are the intended scope of the section, and of s.

161.142, F.S., which establishes policies for inlet management. The scope of inlet management

projects considered for annual funding priority is expanded to include the “improvement of

infrastructure to facilitate sand bypassing.”

The bill requires the inlet management projects considered for funding under s. 161.143, F.S., to

be considered separate and apart from the beach erosion control projects reviewed and prioritized

under s. 161.101, F.S.

The bill requires DEP to give equal consideration to the ranking criteria in s. 161.143(2)(a)-(h),

F.S., and revises such criteria by:

Removing the term “existing” from the provision requiring DEP to consider the extent to

which bypassing activities at an inlet would benefit from modest, cost-effective

improvements.

Requiring DEP to consider the cost-effectiveness of sand made available by a proposed inlet

management project or activity relative to other sand source opportunities that could be used

to address inlet-caused beach erosion.

Removing the requirement that DEP consider the interest and commitment of local

governments as demonstrated by their willingness to coordinate the planning, design,

construction, and maintenance of an inlet management project and their financial plan for

funding the local cost share for initial construction, ongoing sand bypassing, channel

dredging, and maintenance.

Requiring DEP to consider the existence of a proposed or recently updated inlet management

plan or a local-government-sponsored inlet study addressing the mitigation of an inlet’s

erosive effects on adjacent beaches.

Clarifying that DEP is to consider the criteria in s. 161.101(14), F.S., when establishing

funding priorities for inlet management projects, but only to the extent the beach erosion

control project criteria are distinct from and not duplicative of the inlet management project

criteria.

The bill authorizes DEP to pay from legislative appropriations up to 75 percent of the

construction costs of an initial major inlet management project and requires that the remaining

balance be paid from other funding sources, such as local sponsors. The bill requires that costs

not associated with the initial major inlet management project be shared equally by state and

local sponsors.

The bill deletes authorization for DEP to use a legislative appropriation to contract for studies on

sediment transport volumes and responsibilities of inlet beneficiaries for beach erosion. In the

subsection requiring DEP to annually provide an inlet management project list, the bill deletes

the requirement for DEP to include information on the management of ten separate inlets.

The bill deletes the current requirement that at least ten percent of annual legislative

appropriations for statewide beach management be made available for the three highest-ranked

projects on the current year’s inlet management project list. Instead, the bill requires DEP to

designate for projects on the current year’s inlet management project list an amount that is at

least equal to the greater of:


Ten percent of the total amount of legislative appropriations for statewide beach management

in a given year; or

The percentage of inlet management funding requests from local sponsors as a proportion of

the total amount of statewide beach management dollars requested in a given year.

The bill deletes a requirement that DEP make certain funds available for the study, design, or

development of inlet management projects, and adds a requirement that DEP include inlet

monitoring activities as an aggregated subcategory on the overall project list. The bill deletes a

requirement that DEP make available all statewide beach management funds which are

unencumbered or are allocated to non-project-specific activities for projects on legislatively

approved lists of inlet management projects.

The bill requires DEP to update and maintain an annual report on its website concerning the

extent to which each inlet project has succeeded in balancing the local sediment budget and

inlet’s erosive effects on adjacent beaches. The report must provide an estimate of the quantity of

sediment bypassed, transferred, or otherwise placed on adjacent eroding beaches, or in such

beaches’ nearshore area, for the purpose of offsetting the erosive effects of inlets.

Comprehensive Long-Term Beach Management Plan

Section 4 amends s. 161.161, F.S., which establishes requirements for DEP’s comprehensive

long-term beach management plan. The changes in section 4 will go into effect on July 1, 2020.

In developing and maintaining the comprehensive long-term beach management plan, the bill

requires DEP to do the following:

Include recommendations for improvement of infrastructure to facilitate sand bypassing to

mitigate the erosive impact of an inlet that is a significant cause of beach erosion.

Consider the establishment of regional sediment management alternatives for one or more

individual beach and inlet sand bypassing projects as an alternative to beach restoration when

appropriate and cost-effective, and recommend the location of such regional sediment

management alternatives and the source of beach-compatible sand.

Maintain an updated list of critically eroded sandy beaches based on data, analyses, and

investigations of shoreline conditions.

Identify existing beach projects without dune features or with dunes without adequate

elevations, and encourage dune restoration and revegetation to be incorporated as part of

storm damage recovery projects or future dune maintenance.

Document procedures and policies for preparing post-storm damage assessments and

corresponding recovery plans, including repair cost estimates.

Identify and assess appropriate management measures for all of the state’s critically eroded

beaches.

The bill also deletes the following requirements for DEP in developing and maintaining the

comprehensive long-term beach management plan:

Include cost estimates necessary to take inlet corrective measures and recommendations

regarding cost sharing among the beneficiaries of such inlet.


Evaluate the establishment of feeder beaches as an alternative to direct beach restoration and

recommend the location of such feeder beaches.

Project long-term erosion for all major beach and dune systems by surveys and profiles;

Identify shoreline development and degree of density.

In identifying short-and long-term economic costs and benefits of beaches, include

recreational value to user groups, tax base, revenues generated, and beach acquisition and

maintenance costs.

Identify alternative management responses in order to prevent inappropriate development and

redevelopment on migrating beaches.

Consider abandonment as an alternative management response.

Establish criteria, including costs and specific implementation actions, for alternative

management techniques.

Establish a list of restoration and beach nourishment projects arranged in order of priority,

and the funding levels needed for such projects.

Submit regional plans on a set schedule and in accordance with specified requirements.

The bill requires that the comprehensive long-term beach management plan, at a minimum,

include: a strategic beach management plan; a critically eroded beaches report; and a statewide

long-range budget plan.

Strategic Beach Management Plan

The bill requires the strategic beach management plan to identify and recommend appropriate

measures for the state’s critically eroded sandy beaches. DEP is authorized to incorporate

regional plans and take into account areas of greatest need and probable federal or local funding

when creating the SBMP. The bill requires that, before finalizing a strategic beach management

plan, DEP must hold a public meeting or a public webinar in the region for which the plan is

prepared. The bill’s revisions to the requirements for the comprehensive long-term beach

management plan may significantly change what DEP includes in the SBMP.

Critically Eroded Beaches Report

The bill requires that DEP develop and maintain the critically eroded beaches report based

primarily on data, analyses, and investigations of shoreline conditions.

Long-Range Budget Plan

The bill requires the long range budget plan to include at least five years of planned beach

restoration, beach nourishment, and inlet management project funding needs, as identified and

refined by local governments. The plan must consist of two components:

A “three-year work plan” identifying and prioritizing beach restoration, beach nourishment,

and inlet management projects viable for implementation during the next three fiscal years.

In developing and submitting the three year work plan, the bill requires DEP to:

o Use the following criteria for determining the viability of projects:

Available cost-sharing,

Local sponsor support,


Regulatory considerations, and

The ability for the project to proceed as scheduled;

o Identify, for each of the three fiscal years, proposed projects and their current

development status, and list the projects in priority order based on the criteria in ss.

161.101(14) and 161.143(2), F.S.; and

o Submit the three-year work plan to the Legislature annually, accompanied by a three-year

financial forecast of available funding for the projects, and any modifications of specific

funding requests or criteria ranking that are warranted in each successive fiscal year.

A “long-range plan” identifying projects for inclusion into the three-year work plan in the

fourth and fifth ensuing fiscal years, which includes issues that may prevent successful

completion and recommended solutions that will allow projects to progress into the three-

year work plan.

Upon approval of the plans, the bill requires DEP to use regional plans and three-year work plans

to serve as the basis for state funding decisions.

Section 5 states that, unless otherwise expressly provided in the act, the bill takes effect July 1,

2019.

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.

C. Trust Funds Restrictions:

None.

D. State Tax or Fee Increases:

None.

E. Other Constitutional Issues:

None.

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.


B. Private Sector Impact:

The bill includes tourism-related return on investment in the criteria considered when

establishing funding priorities for beach erosion control projects. Increased tourism could

result in economic benefits to businesses and residents in beach communities. Therefore,

the bill may have an indeterminate, positive fiscal impact on the private sector.

C. Government Sector Impact:

The bill may have a positive, indeterminate impact on local governments that receive

funding for beach erosion control projects or inlet management projects.

The bill may have a positive, indeterminate impact on local governments that receive

increased tax revenues due to increasing rates of tourism at or around their beaches.

The bill may have a negative, indeterminate impact on DEP, because DEP may incur

additional costs by implementing the bill. Implementation may require adopting new

rules, developing new agency procedures, and producing new deliverables on an ongoing

basis.

VI. Technical Deficiencies:

None.

VII. Related Issues:

None.

VIII. Statutes Affected:

This bill substantially amends the following sections of the Florida Statutes: 161.101, 161.143,

and 161.161.

IX. Additional Information:

A. Committee Substitute – Statement of Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.)

None.

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.

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An act relating to coastal management; amending s. 2

161.101, F.S.; revising the criteria the Department of 3

Environmental Protection must consider in determining 4

and assigning annual funding priorities for beach 5

management and erosion control projects; specifying 6

tiers for such criteria; requiring tiers to be given 7

certain weight; requiring the department to update 8

active project lists on its website; redefining the 9

term "significant change"; revising the department's 10

reporting requirements; specifying allowable uses for 11

certain surplus funds; revising the requirements for a 12

specified summary; requiring that funding for certain 13

projects remain available for a specified period; 14

amending s. 161.143, F.S.; specifying the scope of 15

certain projects; revising the list of projects 16

included as inlet management projects; requiring that 17

certain projects be considered separate and apart from 18

other specified projects; revising the ranking 19

criteria to be used by the department to establish 20

certain funding priorities for certain inlet-caused 21

beach erosion projects; revising provisions 22

authorizing the department to spend certain 23

appropriated funds for the management of inlets; 24

deleting a provision authorizing the department to 25

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spend certain appropriated funds for specified inlet 26

studies; revising the required elements of the 27

department's report of prioritized inlet management 28

projects; revising the funds that the department must 29

make available to certain inlet management projects; 30

requiring the department to include specified 31

activities on the inlet management project list; 32

deleting provisions requiring the department to make 33

available funding for specified projects; deleting a 34

requirement that the Legislature designate a project 35

as an Inlet of the Year; requiring the department to 36

update and maintain a report regarding the progress of 37

certain inlet management projects; deleting certain 38

temporary provisions relating to specified 39

appropriations; revising the requirements for the 40

report; amending s. 161.161, F.S.; revising 41

requirements for the comprehensive long-term 42

management plan; requiring the plan to include a 43

strategic beach management plan, a critically eroded 44

beaches report, and a statewide long-range budget 45

plan; providing for the development and maintenance of 46

such plans; deleting a requirement that the department 47

submit a certain beach management plan on a certain 48

date each year; requiring the department to hold a 49

public meeting before finalization of the strategic 50

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beach management plan; requiring the department to 51

submit a 3-year work plan and a related forecast for 52

the availability of funding to the Legislature; 53

providing effective dates. 54

55


57

Section 1. Effective July 1, 2020, subsection (14) of 58

section 161.101, Florida Statutes, is amended to read: 59



control.— 62

(14) The intent of the Legislature in preserving and 63

protecting Florida's sandy beaches pursuant to this act is to 64

direct beach erosion control appropriations to the state's most 65

severely eroded beaches, and to prevent further adverse impact 66

caused by improved, modified, or altered inlets, coastal 67

armoring, or existing upland development. In establishing annual 68

project funding priorities, the department shall seek formal 69

input from local coastal governments, beach and general 70

government interest groups, and university experts. The 71

department shall adopt by rule a scoring system to determine 72

annual project funding priorities. The scoring system must 73

consist of the following criteria equally weighted within the 74

following specified tiers criteria to be considered by the 75

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department in determining annual funding priorities shall 76

include: 77

(a) Tier 1 must account for 20 percent of the total score 78

and consist of the tourism-related return on investment and the 79

economic impact of the project. The return on investment of the 80

project is the ratio of the tourism-related tax revenues for the 81

most recent year to the amount of state funding requested for 82

the proposed project. The economic impact of the project is the 83

ratio of the tourism-related tax revenues for the most recent 84

year to all county tax revenues for the most recent year. The 85

department must calculate these ratios using state sales tax and 86

tourism development tax data of the county having jurisdiction 87

over the project area. If multiple counties have jurisdiction 88

over the project area, the department must assess each county 89

individually using these ratios. The department shall calculate 90

the mean average of these ratios to determine the final overall 91

assessment for the multicounty project the severity of erosion 92

conditions, the threat to existing upland development, and 93

recreational and/or economic benefits. 94

(b) Tier 2 must account for 45 percent of the total score 95


1. The availability of federal matching dollars, 97

considering federal authorization, the federal cost-share 98

percentage, and the status of the funding award. 99

2. The storm damage reduction benefits of the project 100

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based on the following considerations: 101

a. The current condition of the project area, including 102

any recent storm damage impact, as a percentage of volume of 103

sand lost since the most recent beach nourishment event or most 104

recent beach surveys. If the project area has not been 105

previously restored, the department must use the historical 106

background erosion rate; 107

b. The overall potential threat to existing upland 108

development, including public and private structures and 109

infrastructure, based on the percentage of vulnerable shoreline 110

that exists within the project boundaries; and 111

c. The value of upland property benefiting from the 112

protection provided by the project and its subsequent 113

maintenance. A property must be within one-quarter mile of the 114

project boundaries to be considered under the criterion 115

specified in this sub-subparagraph. 116

3. The cost-effectiveness of the project based on the 117

yearly cost per volume per mile of proposed beach fill 118

placement. The department shall also consider the following when 119

assessing cost-effectiveness pursuant to this subparagraph: 120

a. The existence of projects with proposed structural or 121

design components that could extend the beach nourishment 122

interval; 123

b. Existing beach nourishment projects that reduce upland 124

storm damage costs by incorporating new or enhanced dune 125

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structures or new or existing dune restoration and revegetation 126

projects; 127

c. Proposed innovative technologies designed to reduce 128

project costs; and 129

d. Regional sediment management strategies and 130

coordination to conserve sand source resources and reduce 131

project costs. 132

(c) Tier 3 must account for 20 percent of the total score 133

and consist of all of the following criteria: The extent of 134

local government sponsor financial and administrative commitment 135

to the project, including a long-term financial plan with a 136

designated funding source or sources for initial construction 137

and periodic maintenance. 138

1.(d) Previous state commitment and involvement in the 139

project, considering previously funded phases, the total amount 140

of previous state funding, and previous partial appropriations 141

for the proposed project. 142

2. The recreational benefits of the project based on: 143

a. The accessible beach area added by the project; and 144

b. The percentage of linear footage within the project 145

boundaries which is zoned: 146

(I) As recreational or open space; 147

(II) For commercial use; or 148

(III) To otherwise allow for public lodging 149

establishments. 150

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(e) The anticipated physical performance of the proposed 151

project, including the frequency of periodic planned 152

nourishment. 153

3.(f) The extent to which the proposed project mitigates 154

the adverse impact of improved, modified, or altered inlets on 155

adjacent beaches. 156

(g) Innovative, cost-effective, and environmentally 157

sensitive applications to reduce erosion. 158

(h) Projects that provide enhanced habitat within or 159

adjacent to designated refuges of nesting sea turtles. 160

(i) The extent to which local or regional sponsors of 161

beach erosion control projects agree to coordinate the planning, 162

design, and construction of their projects to take advantage of 163

identifiable cost savings. 164

4.(j) The degree to which the project addresses the 165

state's most significant beach erosion problems as a function of 166

the linear footage of the project shoreline and the cubic yards 167

of sand placed per mile per year. 168

(d) Tier 4 must account for 15 percent of the total score 169


1. Increased prioritization of projects that have been on 171

the department's ranked project list for successive years and 172

that have not previously secured state funding for project 173

implementation. 174

2. Environmental habitat enhancement, recognizing state or 175

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federal critical habitat areas for threatened or endangered 176

species which may be subject to extensive shoreline armoring, or 177

recognizing areas where extensive shoreline armoring threatens 178

the availability or quality of habitat for such species. Turtle-179

friendly designs, dune and vegetation projects for areas with 180

redesigned or reduced fill templates, proposed incorporation of 181

best management practices and adaptive management strategies to 182

protect resources, and innovative technologies designed to 183

benefit critical habitat preservation may also be considered. 184

3. The overall readiness of the project to proceed in a 185

timely manner, considering the project's readiness for the 186

construction phase of development, the status of required 187

permits, the status of any needed easement acquisition, the 188

availability of local funding sources, and the establishment of 189

an erosion control line. If the department identifies specific 190

reasonable and documented concerns that the project will not 191

proceed in a timely manner, the department may choose not to 192

include the project in the annual funding priorities submitted 193

to the Legislature. 194

195

If In the event that more than one project qualifies equally 196

under the provisions of this subsection, the department shall 197

assign funding priority to those projects shown to be most that 198

are ready to proceed. 199


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control.— 204

(20) The department shall maintain active project lists, 205

updated at least quarterly, listings on its website by fiscal 206

year in order to provide transparency regarding those projects 207

receiving funding and the funding amounts, and to facilitate 208

legislative reporting and oversight. In consideration of this 209

intent: 210

(a) The department shall notify the Executive Office of 211

the Governor and the Legislature regarding any significant 212

changes in the funding levels of a given project as initially 213

requested in the department's budget submission and subsequently 214

included in approved annual funding allocations. The term 215

"significant change" means a project-specific change or 216

cumulative changes that exceed the project's original allocation 217

by $500,000 or that exceed those changes exceeding 25 percent of 218

the a project's original allocation. 219

1. Except as provided in subparagraph 2., if there is 220

surplus funding, the department must notify and provide 221

supporting justification notification shall be provided to the 222

Executive Office of the Governor and the Legislature to indicate 223

whether surplus additional dollars are intended to be used for 224

inlet management projects pursuant to s. 161.143 or for beach 225

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restoration and beach nourishment projects, offered for 226

reversion as part of the next appropriations process, or used 227

for other specified priority projects on active project lists. 228

2. The department may use surplus funds for projects 229

identified in subparagraph 1. that do not have a significant 230

change. The department must post the uses of such funds on the 231

project listing web page of its website. The department is not 232

required to post any other notice or supporting justification 233

before it uses the surplus funds for a project that does not 234

have a significant change. 235

(b) The department shall prepare a summary of specific 236

project activities for the current fiscal year, their funding 237

status, and changes to annual project lists for the current and 238

preceding fiscal year. shall be prepared by The department shall 239

include the summary and included with the department's 240

submission of its annual legislative budget request. 241

(c) Funding for specific projects on annual project lists 242

approved by the Legislature must remain available for such 243

projects for 18 months. A local project sponsor may at any time 244

release, in whole or in part, appropriated project dollars by 245

formal notification to the department. The department, which 246

shall notify the Executive Office of the Governor and the 247

Legislature of such release and. Notification must indicate in 248

the notification how the project dollars are recommended 249

intended to be used after such release. 250

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Section 3. Subsections (2) through (5) of section 161.143, 251


161.143 Inlet management; planning, prioritizing, funding, 253

approving, and implementing projects.— 254

(2) The department shall establish annual funding 255

priorities for studies, activities, or other projects concerning 256

inlet management. Such inlet management projects constitute the 257

intended scope of this section and s. 161.142 and consist of 258

include, but are not limited to, inlet sand bypassing, 259

improvement of infrastructure to facilitate sand bypassing, 260

modifications to channel dredging, jetty redesign, jetty repair, 261

disposal of spoil material, and the development, revision, 262

adoption, or implementation of an inlet management plan. 263

Projects considered for funding pursuant to this section must be 264

considered separate and apart from projects reviewed and 265

prioritized in s. 161.101(14). The funding priorities 266

established by the department under this section must be 267

consistent with the requirements and legislative declaration in 268

ss. 161.101(14), 161.142, and 161.161(1)(b). In establishing 269

funding priorities under this subsection and before transmitting 270

the annual inlet project list to the Legislature under 271

subsection (4) (5), the department shall seek formal input from 272

local coastal governments, beach and general government 273

associations and other coastal interest groups, and university 274

experts concerning annual funding priorities for inlet 275

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management projects. In order to maximize the benefits of 276

efforts to address the inlet-caused beach erosion problems of 277

this state, the ranking criteria used by the department to 278

establish funding priorities for studies, activities, or other 279

projects concerning inlet management must include equal 280

consideration of: 281

(a) An estimate of the annual quantity of beach-quality 282

sand reaching the updrift boundary of the improved jetty or 283

inlet channel. 284

(b) The severity of the erosion to the adjacent beaches 285

caused by the inlet and the extent to which the proposed project 286

mitigates the erosive effects of the inlet. 287

(c) The overall significance and anticipated success of 288

the proposed project in mitigating the erosive effects of the 289

inlet, balancing the sediment budget of the inlet and adjacent 290

beaches, and addressing the sand deficit along the inlet-291

affected shorelines. 292

(d) The extent to which existing bypassing activities at 293

an inlet would benefit from modest, cost-effective improvements 294

when considering the volumetric increases from the proposed 295

project, the availability of beach-quality sand currently not 296

being bypassed to adjacent eroding beaches, and the ease with 297

which such beach-quality sand may be obtained. 298

(e) The cost-effectiveness of sand made available by a 299

proposed inlet management project or activity relative to other 300

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sand source opportunities that would be used to address inlet-301

caused beach erosion The interest and commitment of local 302

governments as demonstrated by their willingness to coordinate 303

the planning, design, construction, and maintenance of an inlet 304

management project and their financial plan for funding the 305

local cost share for initial construction, ongoing sand 306

bypassing, channel dredging, and maintenance. 307

(f) The existence of a proposed or recently updated The 308

previous completion or approval of a state-sponsored inlet 309

management plan or a local-government-sponsored inlet study 310

addressing concerning the inlet addressed by the proposed 311

project, the ease of updating and revising any such plan or 312

study, and the adequacy and specificity of the plan's or study's 313

recommendations concerning the mitigation of an inlet's erosive 314

effects on adjacent beaches. 315

(g) The degree to which the proposed project will enhance 316

the performance and longevity of proximate beach nourishment 317

projects, thereby reducing the frequency of such periodic 318

nourishment projects. 319

(h) The project-ranking criteria in s. 161.101(14) to the 320

extent such criteria are applicable to inlet management studies, 321

projects, and activities and are distinct from, and not 322

duplicative of, the criteria listed in paragraphs (a)-(g). 323

(3) The department may pay from legislative appropriations 324

up to 75 percent of the construction costs of an initial major 325

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inlet management project component for the purpose of mitigating 326

the erosive effects of the inlet to the shoreline and balancing 327

the sediment budget. The remaining balance of such construction 328

costs must be paid from other funding sources, such as local 329

sponsors. All project costs not associated with an initial major 330

inlet management project component must be shared equally by 331

state and local sponsors in accordance with, pursuant to s. 332

161.101 and notwithstanding s. 161.101(15), pay from legislative 333

appropriations provided for these purposes 75 percent of the 334

total costs, or, if applicable, the nonfederal costs, of a 335

study, activity, or other project concerning the management of 336

an inlet. The balance must be paid by the local governments or 337

special districts having jurisdiction over the property where 338

the inlet is located. 339

(4) Using the legislative appropriation to the statewide 340

beach-management-support category of the department's fixed 341

capital outlay funding request, the department may employ 342

university-based or other contractual sources and pay 100 343

percent of the costs of studies that are consistent with the 344

legislative declaration in s. 161.142 and that: 345

(a) Determine, calculate, refine, and achieve general 346

consensus regarding net annual sediment transport volumes to be 347

used for the purpose of planning and prioritizing inlet 348

management projects; and 349

(b) Appropriate, assign, and apportion responsibilities 350

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between inlet beneficiaries for the erosion caused by a 351

particular inlet on adjacent beaches. 352

(4)(5) The department shall annually provide an inlet 353

management project list, in priority order, to the Legislature 354

as part of the department's budget request. The list must 355

include studies, projects, or other activities that address the 356

management of at least 10 separate inlets and that are ranked 357

according to the criteria established under subsection (2). 358

(a) The department shall designate for make available at 359

least 10 percent of the total amount that the Legislature 360

appropriates in each fiscal year for statewide beach management 361

for the three highest-ranked projects on the current year's 362

inlet management project list, in priority order, an amount that 363

is at least equal to the greater of: 364

1. Ten percent of the total amount that the Legislature 365

appropriates in the fiscal year for statewide beach management; 366

or 367

2. The percentage of inlet management funding requests 368

from local sponsors as a proportion of the total amount of 369

statewide beach management dollars requested in a given year. 370

(b) The department shall include inlet monitoring 371

activities ranked on the inlet management project list as one 372

aggregated subcategory on the overall inlet management project 373

list make available at least 50 percent of the funds 374

appropriated for the feasibility and design category in the 375

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department's fixed capital outlay funding request for projects 376

on the current year's inlet management project list which 377

involve the study for, or design or development of, an inlet 378

management project. 379

(c) The department shall make available all statewide 380

beach management funds that remain unencumbered or are allocated 381

to non-project-specific activities for projects on legislatively 382

approved inlet management project lists. Funding for local-383

government-specific projects on annual project lists approved by 384

the Legislature must remain available for such purposes for a 385

period of 18 months pursuant to s. 216.301(2)(a). Based on an 386

assessment and the department's determination that a project 387

will not be ready to proceed during this 18-month period, such 388

funds shall be used for inlet management projects on 389

legislatively approved lists. 390

(5)(d) The Legislature shall designate one of the three 391

highest projects on the inlet management project list in any 392

year as the Inlet of the Year. The department shall update and 393

maintain an annual annually report on its website to the 394

Legislature concerning the extent to which each inlet project 395

designated by the Legislature as Inlet of the Year has succeeded 396

in balancing the sediment budget of the inlet and adjacent 397

beaches and in, mitigating the inlet's erosive effects on 398

adjacent beaches. The report must estimate the quantity of 399

sediment bypassed, transferred, and transferring or otherwise 400

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placed placing beach-quality sand on adjacent eroding beaches, 401

or in such beaches' nearshore area, for the purpose of 402

offsetting the erosive effects of inlets on the beaches of this 403

state. 404

Section 4. Effective July 1, 2020, subsections (2) through 405

(7) of section 161.161, Florida Statutes, are renumbered as 406

subsections (3) through (8), respectively, subsection (1) and 407

present subsection (2) are amended, and a new subsection (2) is 408

added to that section, to read: 409

161.161 Procedure for approval of projects.— 410

(1) The department shall develop and maintain a 411

comprehensive long-term beach management plan for the 412

restoration and maintenance of the state's critically eroded 413

beaches fronting the Atlantic Ocean, Gulf of Mexico, and Straits 414

of Florida. In developing and maintaining this the beach 415

management plan, the department shall: 416

(a) Address long-term solutions to the problem of 417

critically eroded beaches in this state. 418

(b) Evaluate each improved, modified, or altered inlet and 419

determine whether the inlet is a significant cause of beach 420

erosion. With respect to each inlet determined to be a 421

significant cause of beach erosion, the plan shall include: 422

1. the extent to which such inlet causes beach erosion and 423

recommendations to mitigate the erosive impact of the inlet, 424

including, but not limited to, recommendations regarding inlet 425

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sediment bypassing; improvement of infrastructure to facilitate 426

sand bypassing; modifications to channel dredging, jetty design, 427

and disposal of spoil material; establishment of feeder beaches; 428

and beach restoration and beach nourishment; and 429

2. Cost estimates necessary to take inlet corrective 430

measures and recommendations regarding cost sharing among the 431

beneficiaries of such inlet. 432

(c) Evaluate Design criteria for beach restoration and 433

beach nourishment projects, including, but not limited to,: 434

1. dune elevation and width and revegetation and 435

stabilization requirements; and 436

2. beach profiles profile. 437

(d) Consider Evaluate the establishment of regional 438

sediment management alternatives for one or more individual 439

beach and inlet sand bypassing projects feeder beaches as an 440

alternative to direct beach restoration when appropriate and 441

cost-effective, and recommend the location of such regional 442

sediment management alternatives feeder beaches and the source 443

of beach-compatible sand. 444

(e) Identify causes of shoreline erosion and change, 445

determine calculate erosion rates, and maintain an updated list 446

of critically eroded sandy beaches based on data, analyses, and 447

investigations of shoreline conditions and project long-term 448

erosion for all major beach and dune systems by surveys and 449

profiles. 450

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(f) Identify shoreline development and degree of density 451

and Assess impacts of development and coastal protection 452

shoreline protective structures on shoreline change and erosion. 453

(g) Identify short-term and long-term economic costs and 454

benefits of beaches to the state and individual beach 455

communities, including recreational value to user groups, tax 456

base, revenues generated, and beach acquisition and maintenance 457

costs. 458

(h) Study dune and vegetation conditions, identify 459

existing beach projects without dune features or with dunes 460

without adequate elevations, and encourage dune restoration and 461

revegetation to be incorporated as part of storm damage recovery 462

projects or future dune maintenance events. 463

(i) Identify beach areas used by marine turtles and 464

develop strategies for protection of the turtles and their nests 465

and nesting locations. 466

(j) Identify alternative management responses to preserve 467

undeveloped beach and dune systems and, to restore damaged beach 468

and dune systems. In identifying such management responses, the 469

department shall consider, at a minimum, and to prevent 470

inappropriate development and redevelopment on migrating 471

beaches, and consider beach restoration and nourishment, 472

armoring, relocation and abandonment, dune and vegetation 473

restoration, and acquisition. 474

(k) Document procedures and policies for preparing post-475

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storm damage assessments and corresponding recovery plans, 476

including repair cost estimates Establish criteria, including 477

costs and specific implementation actions, for alternative 478

management techniques. 479

(l) Identify and assess Select and recommend appropriate 480

management measures for all of the state's critically eroded 481

sandy beaches in a beach management program. 482

(m) Establish a list of beach restoration and beach 483

nourishment projects, arranged in order of priority, and the 484

funding levels needed for such projects. 485

(2) The comprehensive long-term management plan developed 486

and maintained by the department pursuant to subsection (1) must 487

include, at a minimum, a strategic beach management plan, a 488

critically eroded beaches report, and a statewide long-range 489

budget plan. The long-range budget plan must include a 3-year 490

work plan for beach restoration, beach nourishment, and inlet 491

management projects that lists planned projects for each of the 492

3 fiscal years addressed in the work plan. 493

(a) The strategic beach management plan must identify and 494

recommend appropriate measures for all of the state's critically 495

eroded sandy beaches and may incorporate plans be prepared at 496

the regional level, taking into account based upon areas of 497

greatest need and probable federal and local funding. Upon 498

approval in accordance with this section, such regional plans, 499

along with the 3-year work plan identified in subparagraph 500

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(c)1., must shall be components of the statewide beach 501

management plan and shall serve as the basis for state funding 502

decisions upon approval in accordance with chapter 86-138, Laws 503

of Florida. Before finalizing the strategic beach management 504

plan In accordance with a schedule established for the 505

submission of regional plans by the department, any completed 506

plan must be submitted to the secretary of the department for 507

approval no later than March 1 of each year. These regional 508

plans shall include, but shall not be limited to, 509

recommendations of appropriate funding mechanisms for 510

implementing projects in the beach management plan, giving 511

consideration to the use of single-county and multicounty taxing 512

districts or other revenue generation measures by state and 513

local governments and the private sector. Prior to presenting 514

the plan to the secretary of the department, the department 515

shall hold a public meeting in the region areas for which the 516

plan is prepared or hold a publicly noticed webinar. The plan 517

submission schedule shall be submitted to the secretary for 518

approval. Any revisions to such schedule must be approved in 519

like manner. 520

(b) The critically eroded beaches report must be developed 521

and maintained based primarily on the requirements specified in 522

paragraph (1)(e). 523

(c) The statewide long-range budget plan must include at 524

least 5 years of planned beach restoration, beach nourishment, 525

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and inlet management project funding needs as identified, and 526

subsequently refined, by local government sponsors. This plan 527

must consist of two components: 528

1. A 3-year work plan that identifies beach restoration, 529

beach nourishment, and inlet management projects viable for 530

implementation during the next 3 fiscal years, as determined by 531

available cost-sharing, local sponsor support, regulatory 532

considerations, and the ability of the project to proceed as 533

scheduled. The 3-year work plan must, for each fiscal year, 534

identify proposed projects and their current development status, 535

listing them in priority order based on the applicable criteria 536

established in ss. 161.101(14) and 161.143(2). Specific funding 537

requests and criteria ranking, pursuant to ss. 161.101(14) and 538

161.143(2), may be modified as warranted in each successive 539

fiscal year, and such modifications must be documented and 540

submitted to the Legislature with each 3-year work plan. Year 541

one projects shall consist of those projects identified for 542

funding consideration in the ensuing fiscal year. 543

2. A long-range plan that identifies projects for 544

inclusion in the fourth and fifth ensuing fiscal years. These 545

projects may be presented by region and do not need to be 546

presented in priority order; however, the department should 547

identify issues that may prevent successful completion of such 548

projects and recommend solutions that would allow the projects 549

to progress into the 3-year work plan. 550

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(3)(2) Annually, The secretary shall present the 3-year 551

work plan to the Legislature annually. The work plan must be 552

accompanied by a 3-year financial forecast for the availability 553

of funding for the projects recommendations for funding beach 554

erosion control projects prioritized according to the criteria 555

established in s. 161.101(14). 556



This document does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h0325c.ANR DATE: 3/6/2019

HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #: HB 325 Coastal Management SPONSOR(S): LaMarca and others TIED BILLS: IDEN./SIM. BILLS: SB 446


BUDGET/POLICY CHIEF

1) Agriculture & Natural Resources Subcommittee 10 Y, 0 N Melkun Shugar

2) Agriculture & Natural Resources Appropriations Subcommittee

8 Y, 0 N White Pigott


SUMMARY ANALYSIS

Due to storm events, construction and maintenance of inlets, imprudent coastal developments, and other factors, 420.9 miles of Florida’s beaches are critically eroded. The Beach Management Funding Assistance Program (program) within the Department of Environmental Protection (DEP) works with local sponsors to protect and restore the state's beaches through a comprehensive beach management planning program. Local sponsors submit annual funding requests to DEP for beach management and inlet management projects. DEP ranks the requests and provides a funding recommendation to the Legislature. As it relates to beach management projects, the bill revises and provides more detail on the criteria DEP must consider when ranking beach management projects for funding consideration and requires DEP to adopt rules that divide the criteria into a four tier scoring system. DEP must assign each tier a certain percentage of overall point value, and DEP must weigh the criteria equally within each tier. The bill changes how DEP may utilize surplus funds and the procedures that must be followed. For inlet management projects, the bill:

Revises and updates the criteria that DEP must consider when ranking inlet management projects for funding consideration, and requires DEP to weigh each criterion equally;

Authorizes DEP to pay up to 75 percent of the construction costs of an initial major inlet management project component, and allows DEP to share the costs of the other components of inlet management projects equally with the local sponsor;

Requires DEP to rank the inlet monitoring activities for inlet management projects as one overall subcategory request for funding separate from the beach management project funding requests; and

Eliminates the requirement for the Legislature to designate one of the three highest ranked inlet management projects on the priority list as the Inlet of the Year.

The bill updates how DEP must develop and maintain a Comprehensive Long-Term Beach Management Plan that requires DEP to include the following, at a minimum: a strategic beach management plan, a critically eroded beaches report, and a statewide long-range budget plan that includes a three-year work plan that identifies beach nourishment and inlet management projects viable for implementation during the ensuing fiscal years. The bill will have an insignificant negative fiscal impact on DEP. The changes to the beach ranking criteria and the Comprehensive Long-Term Beach Management Plan criteria have an effective date of July 1, 2020. The other aspects of the bill have an effective date of July 1, 2019.

STORAGE NAME: h0325c.ANR PAGE: 2 DATE: 3/6/2019

FULL ANALYSIS


Beach Management Funding Assistance Program There are 825 miles of sandy shores lining Florida’s coasts, fronting the Atlantic Ocean, Gulf of Mexico, and Straits of Florida. These beaches serve several important functions in maintaining the health of Florida’s economy and environment. The coastal sandy beach system is home to hundreds of species of plants and animals that are dependent upon the beaches, dunes, and nearshore waters.1 Beaches also serve as Florida’s primary tourist attraction, generating millions of dollars for Florida’s economy. The Office of Economic and Demographic Research (EDR) identified beaches as the most important feature of Florida and that they have the strongest effect in terms of attracting tourists.2 Nourished beaches contribute to the expanding federal, state, and local tax bases; increase sales, income, and employment opportunities from resident and visitor spending; and enhance property values by protecting the developed shorefront from storm surges thereby preventing loss of upland property.3 For every dollar spent by the state on beach restoration, $5.40 of additional tax revenue was generated during the 2010-2011 through 2012-2013 fiscal years.4 Beaches are subject to both natural and manmade erosion. Sand naturally moves along the shore due to wind driven currents and tides, and storms can cause dramatic and immediate changes to the coastline. The majority of manmade erosion is caused by the creation and maintenance of inlets where the sand has historically been removed from the coastal system and the natural drift of sand along the shore is blocked by jetties, trapped in channels, or moved into ebb and flood shoals. The development and placement of infrastructure near the shore also contributes to coastal erosion by preventing the storage of sand in dunes and hardening the shore for protection of upland property.5 Due to storm events, construction and maintenance of inlets, imprudent coastal development, and other factors, 420.9 miles of Florida’s beaches are critically eroded.6 Recognizing the importance of the state's beaches and the problems presented by erosion, the Legislature declared a necessity to protect and restore the state's beaches through a comprehensive beach management planning program.7 Under the planning program, the Department of Environmental Protection (DEP) evaluates beach erosion problems throughout the state seeking viable solutions.8 The Beach Management Funding Assistance Program (program) serves as the primary vehicle to implement the beach management planning recommendations and works with local, state, and federal governmental entities to achieve

1 DEP, Beaches and Coastal Systems, available at https://floridadep.gov/water/beaches (last visited Feb. 5, 2019).

2 EDR, Economic Evaluation of Florida’s Investment in Beaches, p. 9 (Jan. 2015), available at

http://edr.state.fl.us/Content/returnoninvestment/BeachReport.pdf (last visited Feb. 5, 2019). 3 DEP, Strategic Beach Management Plan, p. 1 (May 2018), available at https://floridadep.gov/sites/default/files/SBMP-

Introduction_0.pdf (last visited Feb. 5, 2019). 4 EDR, Economic Evaluation of Florida’s Investment in Beaches, p. 12 (Jan. 2015), available at

http://edr.state.fl.us/Content/returnoninvestment/BeachReport.pdf (last visited Feb. 5, 2019). 5 DEP, Strategic Beach Management Plan, p. 1 (May 2018), available at https://floridadep.gov/sites/default/files/SBMP-

Introduction_0.pdf (last visited Feb. 5, 2019). 6 DEP, Critically Eroded Beaches in Florida Report, p. 5 (June 2018), available at

https://floridadep.gov/sites/default/files/CriticallyErodedBeaches.pdf (last visited Feb. 5, 2019); A “critically eroded shoreline” is a

segment of shoreline where natural processes or human activities have caused, or contributed to, erosion and recession of the beach

and dune system to such a degree that upland development, recreational interests, wildlife habitat or important cultural resources are

threatened or lost. Critically eroded shoreline may also include adjacent segments or gaps between identified critical erosion areas

which, although they may be stable or slightly erosional now, their inclusion is necessary for continuity of management of the coastal

system or for the design integrity of adjacent beach management projects; r. 62B-36.002(5), F.A.C. 7 Sections 161.088 and 161.091, F.S.

8 Section 161.101(2), F.S.


the protection, preservation, and restoration of the coastal resources of the state.9 The program provides cost-share to county and municipal governments, community development districts, or special taxing districts (collectively “local sponsors”) for shore protection and preservation activities to implement beach management and inlet management projects.10 DEP annually evaluates and ranks beach management and inlet management project funding requests submitted by local sponsors and submits a recommendation to the Legislature for funding consideration.11 OPPAGA Report on Beach Management Funding In December 2014, the Office of Program Policy Analysis and Government Accountability (OPPAGA) released a report evaluating DEP’s process for selecting and prioritizing local beach management and inlet management projects. The review considered the existing statutory criteria and related administrative rules and the funding request application process, information requirements, and timeline. Further, OPPAGA reviewed how DEP uses each ranking criteria for establishing the annual priority order for beach management and restoration projects.12 The report made several findings, including:

Certain criteria accounts for the majority of the points awarded;

Certain criteria only apply to a limited number of projects;

The criteria do not adequately account for the economic impact of beach projects;

The criteria do not adequately account for a project’s cost effectiveness or performance;

The criteria do not account for the impacts of recent storms or current conditions of the shoreline;

Stakeholders found the application requirements for funding to be too complicated and time consuming; and

Stakeholders perceived a bias for projects that received federal funding.13

Beach Management Projects Present Situation “Beach Management” is protecting, maintaining, preserving, or enhancing Florida’s beaches. Beach management activities include beach restoration14 and nourishment15 activities, dune protection and restoration, restoration of natural shoreline processes, removal of derelict structures and obstacles to natural shoreline process, and construction of erosion control structures (projects).16 To receive funding, projects must be consistent with the adopted Strategic Beach Management Plan.17 Funding for these projects comes from federal, state, and local government sources. DEP may provide financial assistance to local sponsors in an amount up to 75 percent of the project costs for projects located on critically eroded beaches fronting the Gulf of Mexico, Atlantic Ocean, or Straits of Florida.18 However, until the unmet demand for repairing beaches and dunes is met, DEP may only provide cost-share up to 50 percent of the non-federal share.19

9 DEP, Beaches Funding Program, available at https://floridadep.gov/water/beaches-funding-program (last visited Feb. 5, 2019).

10 Rules 62B-36.001 and 62B-36.002(9), F.A.C.

11 Sections 161.101 and 161.143, F.S.

12 OPPAGA, The Beach Management Funding Assistance Program Was Recently Improved, but Some Stakeholder Concerns Persist,

available at http://www.oppaga.state.fl.us/Summary.aspx?reportNum=14-12 (last visited Feb. 5, 2019). 13

Id. 14

“Beach restoration” is the placement of sand on an eroded beach for the purposes of restoring it as a recreational beach and

providing storm protection for upland properties; s. 161.021(4), F.S. 15

“Beach nourishment” is the maintenance of a restored beach by the replacement of sand; s. 161.021(3), F.S. 16

Rule 62B-36.002(3), F.A.C. 17

Rule 62B-36.005(3), F.A.C. 18

Sections 161.101(1) and 161.101(7), F.S. 19

Section 161.101(15), F.S.; rr. 62B-36.003(9) and 62B-36.007(1), F.A.C.; DEP may pay up to 100 percent of the costs of a project

when the state is the upland riparian owner; s. 161.101(10), F.S.


Projects must provide adequate public access, protect natural resources, and provide protection for endangered and threatened species.20 Further, DEP may not fund projects that provide only recreational benefits. All funded activities must have an identifiable beach erosion control or beach preservation benefit directed toward maintaining or enhancing sand in the system.21 Currently, local, state and federal entities manage approximately 227 miles of critically eroded beaches in Florida.22 Annually, local sponsors submit cost-share funding requests to DEP.23 DEP must then evaluate and rank these requests based on the information submitted by the local sponsor.24 DEP prioritizes the projects based on the following criteria:

Severity of erosion conditions, the threat to existing upland development, and recreational or economic benefits;

Availability of federal matching dollars;

Extent of the local government sponsor financial and administrative commitment to the project;

Previous state commitment and involvement in the project;

Anticipated physical performance of the proposed project, including the frequency of periodic planned nourishment;

Extent to which the proposed project mitigates the adverse impact of improved, modified, or altered inlets on adjacent beaches;

Innovative, cost-effective, and environmentally sensitive applications to reduce erosion;

Projects that provide enhanced habitat within or adjacent to designated refuges of nesting sea turtles;

Extent to which local or regional sponsors of beach erosion control projects agree to coordinate the planning, design, and construction of their projects to take advantage of identifiable cost savings; and

Degree to which the project addresses the state’s most significant beach erosion problems.25 In the event that more than one project ranks equally, DEP must assign funding priority to those projects that are ready to proceed.26 DEP adopted a point system for scoring projects based on the criteria in the statute. Each criterion can have more than one component. The following table illustrates how points are assigned.

20

Section 161.101(12), F.S. 21

Section 161.101(13), F.S. 22

DEP, Beaches Funding Program, available at https://floridadep.gov/water/beaches-funding-program (last visited Feb. 5, 2019). 23

Rule 62B-36.005(1), F.A.C. 24

Rules 62B-36.005(3) and 62B-36.005(4), F.A.C. 25

Section 161.101(14), F.S. 26

Id.


Beach Management Ranking Points27

Statutory Criteria Number of Component

Criteria Available Points

Significance 6 20

Local Sponsor Financial and Administrative Commitment

6 10

Previous State Commitment 4 10

Availability of Federal Funds 3 10

Recreational and Economic Benefit 1 10

Severity of Erosion 1 10

Mitigation of Inlet Effects 1 10

Threat to Upland Structures 1 10

Project Performance 2 10

Innovative Technologies 2 5

Regionalization 1 5

Enhance Refuges of Nesting Sea Turtles 1 5

Once DEP creates a ranking list, the local sponsors have 21 days to review the list and provide clarification to support additional points.28 Then, DEP considers the requests, finalizes a ranking, and submits a recommendation to the Legislature for funding consideration.29 As part of the annual legislative budget request, DEP must prepare a summary of specific project activities for the current fiscal year, funding status, and changes to annual project lists.30 DEP must maintain active project listings on the website by fiscal year in order to provide transparency regarding projects receiving funding and to facilitate legislative reporting and oversight. DEP must notify the Governor and the Legislature if the funding levels of a given project significantly change from what the local sponsor initially requested in DEP’s budget submission and subsequently included in approved annual funding allocations. The term “significant change” means changes exceeding 25 percent of a project’s original allocation. If there is surplus funding, DEP must notify the Governor and the Legislature to indicate whether the intention is to use the additional dollars for inlet management projects, reversion as part of the next appropriations process, or for other specified priority projects on active project lists.31 A local sponsor may at any time release, in whole or in part, appropriated project dollars by formal notification to DEP. DEP must then notify the Governor and the Legislature and indicate how the project dollars will be used.32 Effect of the Proposed Changes The bill amends s. 161.101(14), F.S., to revise and clarify the criteria DEP shall consider when ranking beach management projects for funding consideration. The bill requires DEP to adopt rules that divide the criteria into a four-tier scoring system, to assign each tier a certain percentage of overall point value, and to weigh the criteria equally within each tier. Tier one addresses tourism-related return on investment and the economic impact of beach management projects and must account for 20 percent of the total score. DEP must weigh the following criteria equally in tier one:

27

Rule 62B-36.006(1), F.A.C.; see also, ss. 161.101(1) through 161.101(6), F.S. 28

Rule 62B-36.005(4), F.A.C. 29

Section 161.161(2), F.S. 30

Section 161.101(20)(b), F.S. 31

Section 161.101(20)(a), F.S. 32

Section 161.101(20)(c), F.S.


Return on investment by applying the ratio of the tourism-related tax revenues for the most recent year to the amount of state funding requested for the proposed project; and

Economic impact of the project by applying the ratio of the tourism-related tax revenues for the most recent year to all county tax revenues for the most recent year.33

DEP must calculate the ratios in tier one by using state sales tax and tourism development tax data of the county with jurisdiction over the project area. If the proposed beach management project covers two jurisdictions, DEP must assess each county individually then calculate the average. Tier two accounts for 45 percent of the total score, and requires DEP to weigh the following criteria equally:

Availability of federal matching dollars considering federal authorization, the federal cost-share percentage, and the status of the funding award;34

The storm damage reduction benefit of the beach management project based on following considerations:

o The current condition of the project area, including any recent storm damage impact, as a percentage of volume of sand lost since the most recent beach nourishment event or most recent beach surveys. DEP must use the historical background erosion rate if the project has not been previously restored;35

o The overall potential threat to existing upland development, including public and private infrastructure, based on a percentage of vulnerable structures within the project boundaries;36 and

o The value of upland property benefiting from the protection provided by the project and subsequent maintenance. DEP must only consider property within one quarter of a mile from the project boundaries when creating this score;

The cost-effectiveness of the proposed beach management project based on yearly cost per volume per mile of proposed beach fill placement.37 When assessing cost effectiveness, DEP must also consider:

o Existence of projects with proposed structural or design components that extend the beach nourishment interval;38

o Existence of beach nourishment projects that reduce upland damage cost by incorporating new or enhanced dune structures or new or existing dune restoration and revegetation projects;39

o Proposed innovative technologies designed to reduce project costs;40 and o Regional sediment management strategies and coordination to conserve sand

source resources and reduce project costs.41

33

This is similar to existing criteria in s. 161.101(14)(a), F.S., and r. 62B-36.006(1)(c), F.A.C. 34

This is similar to the existing criteria in s. 161.101(14)(b), F.S., and r. 62B-36.006(1)(d), F.A.C. 35

This is similar to the existing criteria in s. 161.101(14)(a), F.S., and r. 62B-36.006(1)(a), F.A.C.; These criteria will measure the

volume of sand lost from the last beach nourishment or most recent beach survey and not the last beach restoration, define beach

restoration as the placement of sand on an eroded beach, define beach nourishment as the maintenance of a restored beach, and will

prevent DEP from using data on the sand lost from the initial placement of sand on an eroding beach unless a recent beach survey has

been performed. 36

This is similar to existing criteria in s. 161.101(14)(a). F.S., and r. 62B-36.006(1)(b), F.A.C. 37

This is similar to existing criteria in s. 161.101(14)(g), F.S., and r. 62B-36.006(1)(g), F.A.C. 38

This is similar to existing criteria in s. 161.101(14)(e), F.S., and r. 62B-36.006(1)(g), F.A.C. 39

This is similar to existing criteria in s. 161.101(14)(e), F.S., and r. 62B-36.006(1)(g), F.A.C. This revised criterion will only

consider beach nourishment projects incorporating new or enhanced dune structures or new or existing dune restoration and

revegetation projects and will not consider beach restoration projects that incorporate such dune structures; thus, only applying to

projects that have already accomplished one maintenance event. 40

This is similar to existing criteria in s. 161.101(14)(g), F.S., and r. 62B-36.006(1)(i), F.A.C. 41

This is similar to existing criteria in s. 161.101(14)(i), F.S., and r. 62B-36.006(1)(k), F.A.C.


Tier three accounts for 20 percent of the total score and requires DEP to weigh the following criteria equally:

Previous state commitment, considering previously funded phases, the total amount of previous state funding, and previous partial appropriations for the proposed project;42

Recreational benefit of the beach management project based on: o Accessibility of the beach area added to the project, which is a new criteria; and o Percentage of linear footage within the project boundaries that is zoned as recreational

or open space, for commercial use, and to otherwise allow public lodging establishments;43

Extent that the beach management project mitigates adverse impacts of improved, modified, or altered inlets on adjacent beach;44 and

Degree that the beach management project addresses most significant beach erosion problems based on the ratio of the linear footage of the project shoreline to the cubic yards of sand placed per mile per year.45

Tier four accounts for 15 percent of the total score and requires DEP to weigh the following criteria equally:

Increased prioritization for projects continually ranked on a DEP project list for successive years that have not previously secured state funding for project implementation;

Environmental habitat enhancement, recognizing state or federal critical habitat areas for threatened or endangered species that may be subject to extensive shoreline armoring or recognizing areas where extensive shoreline armoring threatens the availability or quality of habitat for such species. The bill allows DEP to consider turtle-friendly designs, dune and vegetation projects for areas with redesigned or reduced fill templates, proposed incorporation of best management practices and adaptive management strategies to protect resources, and innovative technologies designed to benefit critical habitat preservation;46 and

The overall readiness of the beach management project to proceed.47 The bill requires DEP to consider the readiness of beach management projects, including readiness for the construction phase of development, the status of required permits, the status of any needed easement acquisition, the availability of local funding sources, and the establishment of an erosion control line.48

If DEP identifies specific reasonable and documented concerns that the project will not proceed in a timely manner, DEP may choose not to include the project in the annual funding priorities submitted to the Legislature.49

The bill removes s. 161.101(14)(c), F.S., to eliminate the requirement that DEP assign points for the financial and administrative commitment to the project by the local sponsor, including a long-term financial plan with a designated funding source or sources for initial construction and periodic maintenance. Currently, local sponsors may receive up to 10 points for this criterion.50

42

This is similar to existing criteria in s. 161.101(14)(d), F.S., and r. 62B-36.006(1)(f), F.A.C. 43

This is similar to existing criteria in s. 161.101(14)(a), F.S., and r. 62B-36.006(1)(c), F.A.C. 44

This is similar to existing criteria in s. 161.101(14)(f), F.S., and r. 62B-36.006(1)(h), F.A.C. 45

This is similar to existing criteria in s. 161.101(14)(j), F.S., and r. 62B-36.006(1)(l)6., F.A.C. 46

These criteria are similar to existing criteria in s. 161.101(14)(h), F.S., and r. 62B-36.006(1)(j), F.A.C.; however, it will likely apply

to more beach management projects. 47

This is similar to the existing tie breaking criteria in s. 161.101(14), F.S., and r. 62B-36.006(1)(m), F.A.C. 48

An “erosion control line” is the line determined in accordance with the procedures in ch. 161, F.S., that represents the landward

extent of the claims of the state in its capacity as sovereign titleholder of the submerged bottoms and shores of the Atlantic Ocean, the

Gulf of Mexico, and the bays, lagoons and other tidal reaches thereof on the date of the recording of the survey; s. 161.151(3), F.S. 49

This is similar to the procedures in s. 161.143(5)(c), F.S.; however, this new procedure prevents projects from receiving funds in the

first place, rather than requiring the local sponsor to return the funds if a project is not ready to proceed. 50

Rule 62B-36.006(1)(e), F.A.C.


The bill amends s. 161.101(14), F.S., to change the tiebreaking criteria if two beach management projects receive the same score by requiring DEP to assign the highest priority to the beach management projects shown most ready to proceed, rather than the projects that are ready to proceed. The bill amends s. 161.101(20), F.S., to require DEP to quarterly update the active beach management project list on the website. The bill amends s. 161.101(20)(a), F.S., to change the definition of “significant change” to include a project-specific change or cumulative changes that exceed the project's original allocation by $500,000. When a funding level for a project significantly changes from the amount the local sponsor requested and was approved in the funding allocation, DEP must notify the Governor and the Legislature how the surplus funds will be used. The bill creates s. 161.101(20)(a)1., F.S., to change how DEP utilizes surplus funds. If there is available surplus funding from a significant change, DEP must provide supporting justification to the Governor and the Legislature to indicate how the surplus dollars will be used. The bill allows surplus dollars to be used on beach restoration and beach nourishment projects. Currently, DEP may only use surplus funds for inlet management projects approved by the Legislature, offered for reversion as part of the next appropriations process, or used for other specified priority projects on active project lists. The bill creates s. 161.101(20)(a)2., F.S., to authorize DEP to use surplus funds from projects that do not have a significant change for inlet management projects, beach restoration and beach nourishment projects, reversion as part of the next appropriations process, or other specified priority projects on active project lists. The bill requires DEP to post the use of surplus funds from a project that did not significantly change on the website. However, the bill does not require DEP to provide notice and supporting justification to the Governor and Legislature before using the surplus funds, as was previously required. The bill amends s. 161.101(20)(c), F.S., to require funding for specific projects on annual project lists approved by the Legislature to remain available for such projects for 18 months. This provision was moved from s. 161.143(5)(c), F.S. The changes to s. 161.101(14), F.S., related to the beach ranking criteria have an effective date of July 1, 2020. The changes to s. 161.101(20), F.S., related to surplus funds have an effective date of July 1, 2019. Inlet Management Projects Present Situation Inlets interrupt or alter the natural littoral drift of sand resources. This often results in sand resources depositing in nearshore areas, in the inlet channel, or in the inland waterway adjacent to the inlet, instead of providing natural nourishment to the adjacent eroding beaches. The Legislature declared it is in the public interest to replicate the natural drift of sand interrupted or altered by inlets. Such projects should balance the sediment budget of the inlet and adjacent beaches and extend the life of proximate beach restoration projects so that periodic nourishment is needed by the local sponsor less frequently.51 “Inlet Management” is comprised of actions taken to minimize, eliminate, or mitigate the effects of the inlet on the adjacent shorelines, including feasibility, engineering, design, environmental studies, construction, and post-construction monitoring to support such activities.52 Inlet management projects

51

Section 161.142, F.S. 52

Rule 62B-36.002(8), F.A.C.


include, but are not limited to, inlet sand bypassing,53 modifications to channel dredging, jetty redesign, jetty repair, disposal of spoil material, and the development, revision, adoption, or implementation of an inlet management plan.54 Funding for these projects comes from federal, state, and local government sources. DEP may use legislative appropriations to pay for 75 percent of the non-federal cost-share of inlet management projects, and local sponsors must pay the balance of such costs.55 Further, DEP may employ university-based or other contractual sources and pay 100 percent of the costs of studies that are consistent with the state’s inlet policies and determine, calculate, refine, and achieve general consensus regarding net annual sediment transport volumes to be used for the purpose of planning and prioritizing inlet management projects; and appropriate, assign, and apportion responsibilities between inlet beneficiaries for the erosion caused by a particular inlet on adjacent beaches. Local sponsors submit annual funding requests for inlet management projects to DEP56 for evaluation and ranking based on the information received before DEP submits a funding recommendation to the Legislature.57 DEP prioritizes the projects based on the following criteria:

Estimate of the annual quantity of beach-quality sand reaching the updrift boundary of the improved jetty or inlet channel;

Severity of the erosion to the adjacent beaches caused by the inlet and the extent that the proposed project mitigates the erosive effects of the inlet;

Overall significance and anticipated success of the proposed project in balancing the sediment budget of the inlet and adjacent beaches and addressing the sand deficit along the inlet-affected shorelines;

Extent to which existing bypassing activities at an inlet would benefit from modest, cost-effective improvements when considering the volumetric increases from the proposed project, the availability of beach-quality sand currently not bypassed to adjacent eroding beaches, and the ease with which such beach-quality sand may be obtained;

Interest and commitment of local governments as demonstrated by their willingness to coordinate the planning, design, construction, and maintenance of an inlet management project and their financial plan for funding the local cost-share for initial construction, ongoing sand bypassing, channel dredging, and maintenance;

Previous completion or approval of a state-sponsored inlet management plan or local-government-sponsored inlet study concerning the inlet addressed by the proposed project, the ease of updating and revising any such plan or study, and the adequacy and specificity of the recommendations of the plan or study concerning the mitigation of an inlet’s erosive effects on adjacent beaches;

Degree to which the proposed project will enhance the performance and longevity of proximate beach nourishment projects, thereby reducing the frequency of such periodic nourishment projects; and

Beach management project-ranking criteria, described above, to the extent such criteria are applicable to inlet management studies, projects, and activities.58

DEP adopted by rule a point system for scoring projects based on the criteria in the statute. Each criterion can have more than one component. The table below illustrates how points are assigned.

53

“Sand bypassing” is the artificial transport of littoral drift across tidal entrances to help prevent accretion, on the updrift side, control

downdrift erosion, and maintain navigation channels; Coastal Wiki, Sand by-pass system, available at

http://www.coastalwiki.org/wiki/Sand_by-pass_system (last visited Feb. 5, 2019). 54

Section 161.143(2), F.S. 55

Section 161.143(3), F.S. 56

Rule 62B-36.005(1), F.A.C. 57

Rules 62B-36.005(3) and 62B-36.005(4), F.A.C. 58

Section 161.143(2), F.S.


Inlet Management Ranking Points59

Statutory Criteria Number of

Component Criteria Available

Points

Balancing the Sand Budget 1 20

Inlet Management Plan 3 15

Estimated annual quantity of beach-quality sand reaching the updrift boundary of the improved jetty or inlet channel

1 10

Cost Effective Alternatives 1 10

Local Sponsor Financial and Administrative Commitment 6 10

Previous State Commitment 4 10

Availability of Federal Funds 3 10

Enhanced Project Performance 1 5

Once DEP creates a ranking list, the local sponsors have 21 days to review the rankings and provide clarification to support additional points.60 Then, DEP considers the requests, finalizes the ranking, and submits a recommendation to the Legislature for consideration of funding in priority order. The funding recommendation list must include studies, projects, or other activities that address the management of at least 10 separate inlets.61 DEP must make available at least 10 percent of the total amount of the statewide beach management appropriation each fiscal year for the three highest-ranked projects on the current year’s inlet management project list.62 DEP must also make available 50 percent of the funds appropriated for the feasibility and design category in DEP’s fixed capital outlay funding request for projects which involve the study for, or design or development of, an inlet management project that appear on the current year inlet management project list.63 DEP must make available all statewide beach management funds that are unencumbered or allocated to non-project-specific activities for projects on legislatively approved inlet management project lists. Funding for local-government-specific projects on annual project lists approved by the Legislature must remain available for such purposes for a period of 18 months. If a project will not be ready to proceed during this 18 month period, based on an assessment and a determination by DEP, then the agency must use the funds for inlet management projects on the legislatively approved lists.64 When approving the beach management project funding list, the Legislature must designate one of the three highest projects on the inlet management project list provided by DEP each year as the Inlet of the Year. DEP must annually report to the Legislature the extent to which each Inlet of the Year project has succeeded in balancing the sediment budget of the inlet and adjacent beaches, mitigating the inlet’s erosive effects on adjacent beaches, and transferring or otherwise placing beach-quality sand on adjacent eroding beaches.65 Effect of the Proposed Changes The bill changes the procedure and criteria for funding inlet management projects. The bill amends 161.143(2), F.S., to require that inlet management projects funded by DEP constitute the intended scope of the state’s public policy relating to improved navigation inlets found in s. 161.142, F.S., and the planning, prioritizing, funding, approving, and implementation of inlet management projects found in

59

Rule 62B-36.006(2), F.A.C. 60

Rule 62B-36.005(4), F.A.C. 61

Section 161.143(5), F.S. 62

Section 161.143(5)(a), F.S. 63

Section 161.143(5)(b), F.S. 64

Section 161.143(5)(c), F.S. 65

Section 161.143(5)(d), F.S.


s. 161.143, F.S. The bill also expands the inlet management projects DEP may fund by including improvement of infrastructure to facilitate sand bypassing. DEP must consider inlet management projects separate and apart from beach management projects when creating the annual funding priorities. The bill amends s. 161.143(2), F.S., to revise and update the criteria DEP must consider when ranking inlet management projects for funding consideration and require DEP to weigh each criterion equally. Specifically, the bill:

Moves the requirement that DEP consider the extent that the proposed project mitigates the erosion effects of the inlet from the severity of erosion criteria in s. 161.143(2)(b), F.S., to the significance of the project in s. 161.143(2)(c), F.S.;

Removes “existing” from consideration of the extent that bypassing activities at the inlet would benefit from modest, cost-effective improvements when considering the volumetric increases from the proposed project, the availability of beach-quality sand currently not bypassed to adjacent eroding beaches, and the ease to obtain such beach-quality sand. This change will allow local sponsors who currently do not perform sand bypassing at their inlet, but wish to start, to receive points;

Adds cost-effectiveness of sand made available by a proposed inlet management project or activity relative to other sand source opportunities that would be used to address inlet-caused beach erosion to the criteria DEP must consider;

Eliminates the requirement that DEP assign points for the local sponsor’s interest and commitment as demonstrated by their willingness to coordinate the planning, design, construction, and maintenance of an inlet management project and their financial plan for funding the local cost-share for initial construction, ongoing sand bypassing, channel dredging, and maintenance;

Adds the existence of proposed or recently updated inlet management plan or local government sponsored inlet study addressing the mitigation of an inlet's erosive effects on adjacent beaches to the criteria DEP must consider;

Eliminates the requirement that DEP assign points for the previous completion or approval of a state-sponsored inlet management plan or study, the ease of updating and revising the inlet management plan or study, and the adequacy and specificity of the recommendations in the plan or study concerning the mitigation of an inlet’s erosive effects on adjacent beaches; and

Clarifies that DEP may use the same criteria used for ranking beach management projects for inlet management projects if the criteria are distinct from and not duplicative of inlet management project ranking criteria.

The bill amends s. 161.143(3), F.S., to authorize DEP to pay from legislative appropriations up to 75 percent of the construction costs of an initial major inlet management project component for the purpose of mitigating the erosive effects of the inlet to the shoreline and balancing the sediment budget. The local sponsor must pay the remaining balance of the costs for the initial major inlet management project components. DEP and the local sponsor must share equally all other costs associated with an inlet management project. The bill removes s. 161.143(4), F.S., to eliminate the authority to use an appropriation from the fixed capital outlay funding request to pay 100 percent of the costs for studies that are consistent with the state’s inlet management policy. The bill amends s. 161.143(4), F.S., to remove the requirement that DEP include in the funding priorities studies, projects, or other activities that address the management of at least 10 separate inlets. The bill also removes the requirement that DEP make available at least 10% of the funding appropriated by the Legislature for beach management for the three highest ranked inlet management projects on the current year project list. Instead, the bill requires DEP to designate for inlet management projects on the current year project list, in priority order, an amount that is a least equal to the greater of 10 percent of the funding appropriated by the Legislature for the fiscal year for statewide


beach management or the percentage of inlet management funding requests from local sponsors as a proportion of the total amount of statewide beach management dollars requested in a given year. The bill amends s. 161.143(5), F.S., to require DEP to rank inlet monitoring activities for inlet management projects as one overall subcategory request for funding separate from the beach management project funding requests. The bill removes the requirement for DEP to make 50 percent of funds appropriated available from the feasibility and design category for DEP’s fixed capital outlay for projects on current year inlet management projects list for, or design or development of, an inlet management project. The bill removes s. 161.143(5)(c), F.S., to eliminate the requirement that DEP make all statewide beach management funds remaining unencumbered or allocated to non-project-specific activities for projects on legislatively approved inlet management project lists. The bill also moves the requirement that funds for local sponsors’ specific projects on annual projects lists approved by the Legislature to remain available for 18 months from s. 161.143(5)(c), F.S., to s. 161.101(20)(c), F.S. The bill eliminates DEP’s ability to use funds on inlet management projects from other projects that received appropriations that were determined not ready to proceed. The bill replaces this power by granting DEP the ability to not include projects on the priority list that DEP determines are not ready to proceed by amending s. 161.101(14), F.S. The bill removes s. 161.143(5)(d), F.S., to eliminate the requirement for the Legislature to designate one of the three highest ranked inlet management projects on the priority list as the Inlet of the Year. DEP will no longer be required to provide reports to the Legislature on the Inlets of the Year. The bill amends s. 161.143(5), F.S., to require DEP to update and maintain an annual report on the website on each inlet project and how the project has succeeded in balancing the sediment budget and mitigated erosive effects of the inlet. The report must provide an estimate of the quantity of sediment bypassed, transferred, or otherwise placed on adjacent eroding beaches, or in such nearshore areas of beaches, for offsetting the erosive effects of inlets on the beaches of this state. This change allows DEP to report on sand bypassed, transferred, or otherwise placed in the nearshore, not just on the adjacent beach. These changes will require DEP to amend chapter 62B-36, F.A.C. The changes to s. 161.143, F.S., related to inlet management projects have an effective date of July 1, 2020. Strategic Beach Management Plan Present Situation The Strategic Beach Management Plan (SBMP) provides an inventory of Florida’s strategic beach management areas fronting on the Atlantic Ocean, Gulf of Mexico, Straits of Florida and an inventory of Florida’s 66 coastal barrier tidal inlets.66 Beach management and inlet management projects proposed by local sponsors must be consistent with the SBMP to receive funding.67 The SBMP must:

Address long-term solutions to the problem of critically eroded beaches in this state;

Evaluate each improved, modified, or altered inlet and determine whether the inlet is a significant cause of beach erosion;

Design criteria for beach restoration and beach nourishment projects;

Evaluate the establishment of feeder beaches as an alternative to direct beach restoration and recommend the location of such feeder beaches and the source of beach-compatible sand;

Identify causes of shoreline erosion and change, calculate erosion rates, and project long-term erosion for all major beach and dune systems by surveys and profiles;

66

DEP, Strategic Beach Management Plan (May 2018), available at https://floridadep.gov/sites/default/files/SBMP-

Introduction_0.pdf (last visited Feb. 5, 2019). 67

Id.; r. 62B-36.005(3), F.A.C.


Identify shoreline development and degree of density and assess impacts of development and shoreline protective structures on shoreline change and erosion;

Identify short-term and long-term economic costs and benefits of beaches;

Study dune and vegetation conditions;

Identify beach areas used by marine turtles and develop strategies for protection of the turtles and their nests and nesting locations;

Identify alternative management responses;

Establish criteria for alternative management techniques;

Select and recommend appropriate management measures for all of the state’s sandy beaches in a beach management program; and

Establish a list of beach restoration and beach nourishment projects, arranged in order of priority, and the funding levels needed for such projects.68

DEP may prepare the SBMP at the regional level based upon areas of greatest need and probable federal funding. The regional plans must be components of the SBMP and must serve as the basis for state funding decisions once approved by the secretary of DEP and the Board of Trustees of the Internal Improvement Trust Fund. DEP staff must submit any completed regional plan to the secretary of DEP for approval no later than March 1 of each year. These regional plans must include, but are not limited to, recommendations of appropriate funding mechanisms for implementing projects in the SBMP. DEP must hold public meetings in the areas affected by the proposed regional plans prior to presenting the plan to the secretary of DEP for approval.

68

Section 161.161(1), F.S.


Effect of the Proposed Changes The bill amends s. 161.161(1), F.S., to update how DEP must develop a comprehensive beach management planning program and maintain the Comprehensive Long-Term Beach Management Plan. Specifically, the bill:

Requires DEP to include improvement of infrastructure to facilitate sand bypassing in the recommendations on how to mitigate each inlet’s erosive impacts;

Eliminates the requirement for DEP to include cost estimates necessary to take inlet corrective measures and recommendations for cost-share among the beneficiaries of such inlets;

Requires DEP to evaluate, rather than design, criteria for beach restoration and beach nourishment;

Adds that DEP must consider the establishment of regional sediment management alternatives for one or more individual beach and inlet sand bypassing projects as an alternative to beach restoration and requires DEP to recommend locations of such regional sediment management alternatives;

Eliminates the requirement for DEP to consider the establishment of feeder beaches;

Requires DEP to maintain an updated list of critically eroded sandy beaches based on data, analyses, and investigations of shoreline conditions;69

Removes the requirement for DEP to project long-term erosion for all major beach and dune systems by surveys and profiles;

Removes the requirement for DEP to identify shoreline development and degree of density;

Adds that DEP must assess the impact of coastal protection structures on shoreline change and erosion;

Requires DEP to identify short-term and long-term economic costs and benefits of beaches to the state and individual beach communities;

Eliminates the requirement to include recreational value to user groups, tax base, revenues generated, and beach acquisition and maintenance costs in the evaluation by DEP;

Requires DEP to identify existing beach projects without dune features or with dunes without adequate elevations, and encourage dune restoration and revegetation to be incorporated as part of storm damage recovery projects or future dune maintenance events;

Removes the requirement for DEP to identify alternative management responses to prevent inappropriate development and redevelopment on migrating beaches;

Eliminates the requirement for DEP to consider abandonment of development as an alternative management response, but continues to require DEP to consider relocation of development;

Requires DEP to include document procedures and policies for preparing post-storm damage assessments and corresponding recovery plans, including repair cost estimates in the Comprehensive Long-Term Beach Management Plan;

Removes the requirement for DEP to include costs and specific implementation actions for alternative management techniques;

Eliminates the requirement for DEP to select and assess appropriate management measures for all of the state’s sandy beaches in the beach management program and requires DEP to

identify and assess appropriate management measures for all of the critically eroded beaches; and

Removes the requirement for DEP to establish a list of beach restoration and beach nourishment projects in priority order for funding because the requirement already exists in s. 161.101(14), F.S.

The bill creates s. 161.161(2), F.S., to require DEP’s Comprehensive Long-Term Beach Management Plan to include at a minimum a SBMP, a critically eroded beaches report, and a statewide long-range budget plan.

69

DEP. Critical Erosion Report, available at https://floridadep.gov/water/engineering-hydrology-geology/documents/critically-

eroded-beaches-florida (last visited Feb. 14, 2019).


The SBMP must identify and recommend appropriate measures for all of the state's critically eroded sandy beaches and may incorporate plans prepared at the regional level taking into account areas of greatest need and probable federal and local funding. The bill adds local funding to the evaluation by DEP. The bill removes what must be included in the regional plans. This criterion is similar to what DEP considers in the statewide plan. The bill removes the requirement for DEP to present the plan to the secretary of DEP by March 1 of each year. DEP must still hold public meetings before finalizing such regional plans. The bill also authorizes DEP to host publically noticed webinars in lieu of holding public meetings. The state may use the SBMP, along with the three-year work plan, as a basis for funding decisions once DEP finalizes the SBMP. DEP must base the critically eroded beaches report on data, analyses, and investigations of shoreline conditions. The statewide long-range budget plan must include at least five years of planned beach restoration, beach nourishment, and inlet management projects funding needs as identified, and subsequently refined, by local sponsors. The statewide long-range budget plan must include:

A three-year work plan that identifies beach restoration, beach nourishment, and inlet management projects viable for implementation during the next ensuing fiscal years, as determined by available cost-share, local sponsor support, regulatory considerations, and the ability of the project to proceed as scheduled. For each fiscal year, DEP must identify proposed projects and their development status, listing them in priority order based on the applicable criteria for beach and inlet management projects for inclusion in the three-year work plan. DEP may modify specific funding requests and criteria ranking as warranted in each successive fiscal year. DEP must document and submit such modifications to the Legislature with each three-year work plan. Year one projects must consist of those projects identified for funding consideration in the ensuing fiscal year; and

A long-range plan that identifies projects for inclusion in the fourth and fifth ensuing fiscal years. DEP may present these projects by region. DEP does not need to present these projects in priority order. However, DEP must identify issues that may prevent successful completion of such projects and recommend solutions that would allow the projects to progress into the three-year work plan.

Lastly, the bill adds s. 161.161(3), F.S., to require the secretary of DEP to annually present the three-year work plan to the Legislature that includes a three-year financial forecast for the availability of funding for projects. The changes to s. 161.161, F.S., related to the Comprehensive Long-Term Beach Management Plan have an effective date of July 1, 2020.


Section 1. Amends s. 161.101, F.S., relating to state and local participation in authorized projects and studies for beach management and erosion control.

Section 2. Amends s. 161.143, F.S., relating to inlet management, planning, prioritization, funding,

approval, and implementation of projects. Section 3. Amends s. 161.161, F.S., relating to the procedure for approval of projects. Section 4. Provides an effective date of July 1, 2019, except as otherwise provided in the act.




None.

2. Expenditures:

The bill will have an insignificant negative fiscal impact on DEP because the department will need to revise rules because of the statutory changes in the bill. Further, DEP must comply with additional reporting requirements and the creation of a five-year work plan. The rulemaking and workload requirements of the bill can be handled within existing resources since the effective date for those sections of the bill are not effective until July 1, 2020.


None.

2. Expenditures:

None.


None.

D. FISCAL COMMENTS:

None.

III. COMMENTS



Not applicable. This bill does not appear to require counties or municipalities to spend funds or take action requiring the expenditures of funds; reduce the authority that counties or municipalities have to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or municipalities.

2. Other:

None.


The bill directs DEP to adopt rules to implement the beach management project ranking criteria. DEP possesses sufficient rulemaking authority to amend chapter 62B-36, F.A.C., to conform to statutory changes.


None.



None.


By Senator Mayfield

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An act relating to water quality improvements; 2

providing a short title; transferring the onsite 3

sewage program of the Department of Health to the 4

Department of Environmental Protection by a type two 5

transfer; amending s. 373.807, F.S.; revising the 6

requirements for a basin management action plan for an 7

Outstanding Florida Spring; prohibiting a local 8

government from approving building permits within the 9

plan area under certain circumstances; providing 10

penalties; requiring the Department of Environmental 11

Protection, in consultation with the Department of 12

Agriculture and Consumer Services, to develop an 13

agricultural remediation plan as part of each basin 14

management action plan under certain circumstances; 15

requiring such plans to be adopted by a specified 16

date; creating s. 381.00661, F.S.; establishing a 17

wastewater grant program within the Department of 18

Environmental Protection; authorizing the department 19

to distribute appropriated funds for certain projects; 20

providing requirements for the distribution; requiring 21

the department to coordinate with each water 22

management district to identify grant recipients; 23

requiring an annual report to the Governor and the 24

Legislature by a specified date; amending s. 403.067, 25

F.S.; revising requirements for a basin management 26

action plan; requiring estimated nutrient load 27

reductions in such plans to exceed a specified amount; 28

requiring each local government to develop a 29


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wastewater treatment plan that meets certain 30

requirements; prohibiting a local government that does 31

not meet certain requirements relating to wastewater 32

treatment plant project plans or onsite sewage 33

treatment and disposal system remediation plans from 34

approving any building permits within a specified 35

timeframe; prohibiting the department from approving 36

any onsite sewage treatment and disposal system within 37

such an area for a specified timeframe; providing 38

penalties; defining the term “onsite sewage treatment 39

and disposal system”; requiring a local government to 40

create an onsite sewage treatment and disposal system 41

remediation plan as part of the basin management 42

action plan under certain circumstances; providing 43

requirements for such plan; providing requirements for 44

a restoration plan for certain water bodies; creating 45

s. 403.0771, F.S.; requiring a wastewater treatment 46

plant to notify customers of unlawful discharges of 47

raw or partially treated sewage into any waterway or 48

aquifer within a specified timeframe; prohibiting a 49

local government that owns such a plant from approving 50

any building permits within a specified timeframe; 51

prohibiting the department from approving any onsite 52

sewage treatment and disposal system within such an 53

area for a specified timeframe; providing penalties; 54

amending s. 403.086, F.S.; prohibiting facilities for 55

sanitary sewage disposal from disposing of any waste 56

in the Indian River Lagoon without first providing 57

advanced waste treatment; amending s. 403.9337, F.S.; 58


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providing penalties for a local government that fails 59

to adopt, enact, and implement a specified ordinance; 60

requiring the department to revise the basin 61

management action plan for Indian River Lagoon and 62

other specified basin management action plans by a 63

specified date; authorizing the department to grant an 64

extension to a local government upon a showing of good 65

cause; amending ss. 153.54, 153.73, 163.3180, 373.811, 66

381.006, 381.0061, 381.0064, 381.0065, 381.00651, and 67

381.0068, F.S.; conforming provisions and cross-68

references to changes made by the act; providing 69

effective dates. 70

71


73

Section 1. This act may be cited as the “Clean Waterways 74

Act.” 75

Section 2. All powers, duties, functions, records, offices, 76

personnel, associated administrative support positions, 77

property, pending issues, existing contracts, administrative 78

authority, administrative rules, and unexpended balances of 79

appropriations, allocations, and other funds for the regulation 80

of onsite sewage treatment and disposal systems and relating to 81

the onsite sewage program of the Department of Health are 82

transferred by a type two transfer, as defined in s. 20.06(2), 83

Florida Statutes, to the Department of Environmental Protection. 84


read: 86

373.807 Protection of water quality in Outstanding Florida 87


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Springs.—By July 1, 2016, the department shall initiate 88

assessment, pursuant to s. 403.067(3), of Outstanding Florida 89

Springs or spring systems for which an impairment determination 90

has not been made under the numeric nutrient standards in effect 91

for spring vents. Assessments must be completed by July 1, 2018. 92

(1)(a) Concurrent with the adoption of a nutrient total 93

maximum daily load for an Outstanding Florida Spring, the 94

department, or the department in conjunction with a water 95

management district, shall initiate development of a basin 96

management action plan, as specified in s. 403.067. For an 97

Outstanding Florida Spring with a nutrient total maximum daily 98

load adopted before July 1, 2016, the department, or the 99

department in conjunction with a water management district, 100

shall initiate development of a basin management action plan by 101

July 1, 2016. During the development of a basin management 102

action plan, if the department identifies onsite sewage 103

treatment and disposal systems as contributors of at least 20 104

percent of nonpoint source nutrient nitrogen pollution or if the 105

department determines remediation is necessary to achieve the 106

total maximum daily load, the basin management action plan shall 107

include an onsite sewage treatment and disposal system 108

remediation plan pursuant to s. 403.067(7)(e) subsection (3) for 109

those systems identified as requiring remediation. 110

(b) A basin management action plan for an Outstanding 111

Florida Spring shall be adopted within 2 years after its 112

initiation and must include, at a minimum: 113

1. A list of all specific projects and programs identified 114

to implement a nutrient total maximum daily load; 115

2. A list of all specific projects identified in any 116


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incorporated onsite sewage treatment and disposal system 117

remediation plan, if applicable; 118

3. A priority rank for each listed project. The priority 119

ranking shall be based on the estimated reduction in nutrient 120

load per project, project readiness, cost effectiveness, overall 121

environmental benefit, location within the plan area, local 122

matching funds, and water savings or quantity improvements; 123

4. For each listed project, a planning level cost estimate, 124

and the estimated date of completion, and a plan submitted by 125

each local government within the plan area and approved by the 126

department for each wastewater treatment plant project as 127

specified in s. 403.067(7)(d) and onsite sewage treatment and 128

disposal system remediation plan as specified in s. 129

403.067(7)(e). Each plan must include deadlines and is subject 130

to penalties required under s. 403.067; 131

5. The source and amount of financial assistance to be made 132

available by the department, a water management district, or 133

other entity for each listed project; 134

6. An estimate of each listed project’s nutrient load 135

reduction; 136

7. Identification of each point source or category of 137

nonpoint sources, including, but not limited to, urban turf 138

fertilizer, sports turf fertilizer, agricultural fertilizer, 139

onsite sewage treatment and disposal systems, wastewater 140

treatment plants facilities, animal wastes, and stormwater 141

facilities. An estimated allocation of the pollutant load must 142

be provided for each point source or category of nonpoint 143

sources; and 144

8. An implementation plan designed with a target to achieve 145


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the nutrient total maximum daily load no more than 20 years 146

after the adoption of a basin management action plan. 147

148

The estimated nutrient load reductions in each basin management 149

action plan developed pursuant to this paragraph must exceed the 150

total amount of nutrient load reductions needed to meet the 151

total maximum daily load required under the plan. The department 152

shall develop a schedule establishing 5-year, 10-year, and 15-153

year targets for achieving the nutrient total maximum daily 154

load. The schedule shall be used to provide guidance for 155

planning and funding purposes and is exempt from chapter 120. 156

(c) For a basin management action plan adopted before July 157

1, 2016, which addresses an Outstanding Florida Spring, the 158

department or the department in conjunction with a water 159

management district must revise the plan if necessary to comply 160

with this section by July 1, 2018. 161

(d) A local government may apply to the department for a 162

single extension of up to 5 years for any project in an adopted 163

basin management action plan. A local government in a rural area 164

of opportunity, as defined in s. 288.0656, may apply for a 165

single extension of up to 10 years for such a project. The 166

department may grant the extension if the local government 167

provides to the department sufficient evidence that an extension 168

is in the best interest of the public. 169

(2) By July 1, 2020 2017, each local government, as defined 170

in s. 373.802(2), that has not adopted an ordinance pursuant to 171

s. 403.9337, shall develop, enact, and implement an ordinance 172

pursuant to that section. It is the intent of the Legislature 173

that ordinances required to be adopted under this subsection 174


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reflect the latest scientific information, advancements, and 175

technological improvements in the industry. A local government 176

that fails to adopt, enact, and implement this ordinance is 177

subject to a daily fine as provided in ss. 403.121, 403.141, and 178

403.161 and may not approve any building permits within the plan 179

area until such time as the ordinance has been adopted, enacted, 180

and implemented. 181

(3) As part of each basin management action plan that 182

includes an Outstanding Florida Spring, the department, in 183

coordination with the Department of Agriculture and Consumer 184

Services, shall develop an agricultural remediation plan if the 185

department determines that agricultural nonpoint sources, 186

including, but not limited to, fertilizer and animal wastes, 187

contribute at least 20 percent of nonpoint source nutrient 188

pollution. The plan must identify cost-effective and financially 189

feasible projects, including, if applicable, advanced best 190

management practices and land acquisition projects, including 191

conservation easements, to reduce the nutrient impacts from 192

agricultural operations. The department is the lead agency in 193

coordinating the preparation of and the adoption of the plan. 194

The Department of Agriculture and Consumer Services is the lead 195

agency in developing and adopting advanced best management 196

practices capable of achieving the total maximum daily load and 197

shall develop and adopt such practices for incorporation into 198

the plan. The plan must be adopted as part of the basin 199

management action plan by July 1, 2021. 200

(3) As part of a basin management action plan that includes 201

an Outstanding Florida Spring, the department, the Department of 202

Health, relevant local governments, and relevant local public 203


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and private wastewater utilities shall develop an onsite sewage 204

treatment and disposal system remediation plan for a spring if 205

the department determines onsite sewage treatment and disposal 206

systems within a priority focus area contribute at least 20 207

percent of nonpoint source nitrogen pollution or if the 208


total maximum daily load. The plan shall identify cost-effective 210

and financially feasible projects necessary to reduce the 211

nutrient impacts from onsite sewage treatment and disposal 212

systems and shall be completed and adopted as part of the basin 213

management action plan no later than the first 5-year milestone 214

required by subparagraph (1)(b)8. The department is the lead 215

agency in coordinating the preparation of and the adoption of 216

the plan. The department shall: 217

(a) Collect and evaluate credible scientific information on 218

the effect of nutrients, particularly forms of nitrogen, on 219

springs and springs systems; and 220

(b) Develop a public education plan to provide area 221

residents with reliable, understandable information about onsite 222

sewage treatment and disposal systems and springs. 223

224

In addition to the requirements in s. 403.067, the plan shall 225

include options for repair, upgrade, replacement, drainfield 226

modification, addition of effective nitrogen reducing features, 227

connection to a central sewerage system, or other action for an 228

onsite sewage treatment and disposal system or group of systems 229

within a priority focus area that contribute at least 20 percent 230

of nonpoint source nitrogen pollution or if the department 231

determines remediation is necessary to achieve a total maximum 232


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daily load. For these systems, the department shall include in 233

the plan a priority ranking for each system or group of systems 234

that requires remediation and shall award funds to implement the 235

remediation projects contingent on an appropriation in the 236

General Appropriations Act, which may include all or part of the 237

costs necessary for repair, upgrade, replacement, drainfield 238


initial connection to a central sewerage system, or other 240

action. In awarding funds, the department may consider expected 241

nutrient reduction benefit per unit cost, size and scope of 242

project, relative local financial contribution to the project, 243

and the financial impact on property owners and the community. 244

The department may waive matching funding requirements for 245

proposed projects within an area designated as a rural area of 246

opportunity under s. 288.0656. 247

(4) The department shall provide notice to a local 248

government of all permit applicants under s. 403.814(12) in a 249

priority focus area of an Outstanding Florida Spring over which 250

the local government has full or partial jurisdiction. 251


to read: 253

381.00661 Wastewater grant program.—A wastewater grant 254

program is established within the Department of Environmental 255

Protection. 256

(1) Subject to appropriation, the department may provide 257

grants for projects that will individually or collectively 258

reduce excess nutrient pollution for projects within a basin 259

management action plan or an alternative restoration plan 260

adopted by final order for all of the following: 261


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(a) Projects to retrofit onsite sewage treatment and 262

disposal systems. 263

(b) Projects to construct, upgrade, or expand facilities to 264

provide advanced waste treatment, as defined in ss. 403.086(4). 265

(c) Projects to connect onsite sewage treatment and 266

disposal systems to central sewer facilities. 267

(2) In making an allocation of such funds, priority shall 268

be given for projects that subsidize the connection of onsite 269

sewage treatment and disposal systems to a wastewater treatment 270

plant or that subsidize inspections and assessments of onsite 271

sewage treatment and disposal systems. 272

(3) Each grant for a project described in subsection (1) 273

must require a minimum of 50 percent local matching funds. 274

However, the department may, at its discretion, totally or 275

partially waive this consideration of the local contribution for 276



(4) The department shall coordinate with each water 279

management district, as necessary, to identify grant recipients 280

in each district. 281

(5) Beginning January 1, 2020, and each January 1 282

thereafter, the department shall submit a report regarding the 283

projects funded pursuant to this section to the Governor, the 284

President of the Senate, and the Speaker of the House of 285

Representatives. 286

Section 5. Present paragraph (d) of subsection (7) of 287

section 403.067, Florida Statutes, is redesignated as paragraph 288

(f), a new paragraph (d) and paragraphs (e) and (g) are added to 289

that subsection, and paragraph (a) of that subsection is 290


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amended, to read: 291

403.067 Establishment and implementation of total maximum 292

daily loads.— 293

(7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 294

IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 295

(a) Basin management action plans.— 296

1. In developing and implementing the total maximum daily 297

load for a water body, the department, or the department in 298

conjunction with a water management district, may develop a 299

basin management action plan that addresses some or all of the 300

watersheds and basins tributary to the water body. Such plan 301

must integrate the appropriate management strategies available 302

to the state through existing water quality protection programs 303

to achieve the total maximum daily loads and may provide for 304

phased implementation of these management strategies to promote 305

timely, cost-effective actions as provided for in s. 403.151. 306

The plan must establish a schedule implementing the management 307

strategies, provide detailed information for improvement 308

projects including descriptions and timelines for completion, 309

establish a basis for evaluating the plan’s effectiveness, and 310

identify feasible funding strategies for implementing the plan’s 311

management strategies. The management strategies may include 312

regional treatment systems or other public works, where 313

appropriate, and voluntary trading of water quality credits to 314

achieve the needed pollutant load reductions. 315

2. A basin management action plan must equitably allocate, 316

pursuant to paragraph (6)(b), pollutant reductions to individual 317

basins, as a whole to all basins, or to each identified point 318

source or category of nonpoint sources, as appropriate. For 319


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nonpoint sources for which best management practices have been 320

adopted, the initial requirement specified by the plan must be 321

those practices developed pursuant to paragraph (c). Where 322

appropriate, the plan may take into account the benefits of 323

pollutant load reduction achieved by point or nonpoint sources 324

that have implemented management strategies to reduce pollutant 325

loads, including best management practices, before the 326

development of the basin management action plan. The plan must 327

also identify the mechanisms that will address potential future 328

increases in pollutant loading. 329

3. The basin management action planning process is intended 330

to involve the broadest possible range of interested parties, 331

with the objective of encouraging the greatest amount of 332

cooperation and consensus possible. In developing a basin 333

management action plan, the department shall assure that key 334

stakeholders, including, but not limited to, applicable local 335

governments, water management districts, the Department of 336

Agriculture and Consumer Services, other appropriate state 337

agencies, local soil and water conservation districts, 338

environmental groups, regulated interests, and affected 339

pollution sources, are invited to participate in the process. 340

The department shall hold at least one public meeting in the 341

vicinity of the watershed or basin to discuss and receive 342

comments during the planning process and shall otherwise 343

encourage public participation to the greatest practicable 344

extent. Notice of the public meeting must be published in a 345

newspaper of general circulation in each county in which the 346

watershed or basin lies not less than 5 days nor more than 15 347

days before the public meeting. A basin management action plan 348


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does not supplant or otherwise alter any assessment made under 349

subsection (3) or subsection (4) or any calculation or initial 350

allocation. 351

4. Each new or revised basin management action plan shall 352

include: 353

a. The appropriate management strategies available through 354

existing water quality protection programs to achieve total 355

maximum daily loads, which may provide for phased implementation 356

to promote timely, cost-effective actions as provided for in s. 357

403.151; 358

b. A description of best management practices adopted by 359

rule; 360

c. A list of projects in priority ranking with a planning-361

level cost estimate and estimated date of completion for each 362

listed project. The priority ranking shall be based on the 363

estimated reduction in nutrient load per project, project 364

readiness, cost effectiveness, overall environmental benefit, 365

location within the plan area, local matching funds, and water 366

savings or quantity improvements; 367

d. The source and amount of financial assistance to be made 368

available by the department, a water management district, or 369

other entity for each listed project, if applicable; and 370

e. A planning-level estimate of each listed project’s 371

expected nutrient load reduction, if applicable; and 372

f. Identification of each point source or category of 373




treatment plants, animal wastes, and stormwater facilities. An 377


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estimated allocation of the pollutant load must be provided for 378

each point source or category of nonpoint sources. 379

380


action plan developed pursuant to this subparagraph must exceed 382

the total amount of nutrient load reductions needed to meet the 383

total maximum daily load required under the plan. 384

5. The department shall adopt all or any part of a basin 385

management action plan and any amendment to such plan by 386

secretarial order pursuant to chapter 120 to implement the 387

provisions of this section. 388

6. The basin management action plan must include milestones 389

for implementation and water quality improvement, and an 390

associated water quality monitoring component sufficient to 391

evaluate whether reasonable progress in pollutant load 392

reductions is being achieved over time. An assessment of 393

progress toward these milestones shall be conducted every 5 394

years, and revisions to the plan shall be made as appropriate. 395

Revisions to the basin management action plan shall be made by 396

the department in cooperation with basin stakeholders. Revisions 397

to the management strategies required for nonpoint sources must 398

follow the procedures set forth in subparagraph (c)4. Revised 399

basin management action plans must be adopted pursuant to 400

subparagraph 5. 401

7. In accordance with procedures adopted by rule under 402

paragraph (9)(c), basin management action plans, and other 403

pollution control programs under local, state, or federal 404

authority as provided in subsection (4), may allow point or 405

nonpoint sources that will achieve greater pollutant reductions 406


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than required by an adopted total maximum daily load or 407

wasteload allocation to generate, register, and trade water 408

quality credits for the excess reductions to enable other 409

sources to achieve their allocation; however, the generation of 410

water quality credits does not remove the obligation of a source 411

or activity to meet applicable technology requirements or 412

adopted best management practices. Such plans must allow trading 413

between NPDES permittees, and trading that may or may not 414

involve NPDES permittees, where the generation or use of the 415

credits involve an entity or activity not subject to department 416

water discharge permits whose owner voluntarily elects to obtain 417

department authorization for the generation and sale of credits. 418

8. The provisions of the department’s rule relating to the 419

equitable abatement of pollutants into surface waters do not 420

apply to water bodies or water body segments for which a basin 421

management plan that takes into account future new or expanded 422

activities or discharges has been adopted under this section. 423

(d) Wastewater treatment plan.— 424

1. As part of a basin management action plan, each local 425

government, in cooperation with the department and relevant 426

local public and private wastewater utilities, shall develop a 427

plan to implement improvements that provide, at a minimum, 428

advanced waste treatment, as defined in s. 403.086(4). The plan 429

must provide for construction, expansion, or upgrades necessary 430

to achieve a total maximum daily load, consistent with an onsite 431

sewage treatment and disposal system remediation plan under 432

paragraph (e). 433

2. Each owner or operator of an existing wastewater 434

treatment plant shall provide certain information for each plant 435


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that has a plan to implement upgrades that meet or exceed 436

advanced waste treatment, as defined in s. 403.086(4). This 437

information must include the following as it relates to existing 438

conditions and estimated conditions after upgrades are 439

implemented: 440

a. The permitted capacity of the plant, in gallons per day; 441

b. The average nutrient concentration; and 442

c. The estimated average nutrient load. 443

3.a. The local government shall submit to the department 444

for approval a detailed plan, which includes: 445

(I) The timeline of dates required for the commencement of 446

construction of any improvements, completion of each stage of 447

construction, and the commencement of operations; 448

(II) A detailed planning and design report setting forth 449

the plan for construction of improvements and operations; and 450

(III) A certification that the local government, in 451

agreement with the owner or operator, has approved the method of 452

implementing upgrades and method of financing or funding 453

construction and operation. 454

b. The department may amend the plan and shall approve a 455

final plan. The department shall provide technical support upon 456

request by a local government. An existing wastewater treatment 457

plant must also incorporate the plan into its next NPDES permit 458

renewal. 459

c. Each new wastewater treatment plant located within the 460

plan area shall comply with the requirements and approved dates 461

in the basin management action plan. Each existing wastewater 462

treatment plant located within the plan area shall comply with 463

the requirements and approved dates in the basin management 464


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action plan no later than the next 5-year renewal date of the 465

NPDES permit. Upon a showing of good cause, the department may 466

grant an extension of time to the local government to reach 467

compliance with the schedule. 468

d. If the deadlines for the initiation of construction of 469

improvements, completion of construction, and commencement of 470

operations which were approved pursuant to this subparagraph are 471

not satisfied, each local government with a wastewater treatment 472

plant that does not meet the requirements in this subparagraph 473

may not approve any building permits within the plan area, and 474

the department may not approve any onsite sewage treatment and 475

disposal systems in the plan area where the wastewater treatment 476

plant is located until such time as the plant is brought into 477

compliance. In addition, the department shall, unless good cause 478

is shown, assess penalties pursuant to ss. 403.121, 403.141, and 479

403.161 until such time as the plant is brought into compliance. 480

The department may reduce penalties based on expenditures for 481

improvements and upgrades to the wastewater treatment plant. 482

(e) Onsite sewage treatment and disposal systems.— 483

1. For purposes of this paragraph, the term “onsite sewage 484

treatment and disposal system” has the same meaning as in s. 485

381.0065. 486

2.a. As part of a basin management action plan, each local 487


local public and private wastewater utilities, shall develop an 489

onsite sewage treatment and disposal system remediation plan if 490

the department identifies onsite sewage treatment and disposal 491

systems as contributors of at least 20 percent of nonpoint 492

source nutrient pollution or if the department determines that 493


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remediation is necessary to achieve a total maximum daily load. 494

In order to promote cost-effective remediation, the department 495

may identify one or more priority focus areas. The department 496

shall identify these areas by considering soil conditions; 497

groundwater or surface water travel time; proximity to surface 498

waters, including predominantly marine waters as defined by 499

department rule; hydrogeology; onsite system density; nutrient 500

load; and other factors that may lead to water quality 501

degradation. The remediation plan must identify cost-effective 502



systems. The plan shall be completed and adopted as part of the 505

basin management action plan no later than the first 5-year 506

milestone assessment identified in subparagraph (a)6. or as 507

required in s. 373.807(1)(b)8., for Outstanding Florida Springs. 508

The department is responsible for timely approval and adoption 509

of the plan. For basin management action plans not governed by 510

part VIII of chapter 373, a priority focus area means the area 511

or areas of a basin where the groundwater is generally most 512

vulnerable to pollutant inputs where there is a known 513

connectivity between groundwater pathways and an impaired water 514

body, as determined by the department in consultation with the 515

appropriate water management districts and delineated in a basin 516

management action plan. 517

b.(I) Each local government within the plan area, or the 518

local government’s designee, shall prepare a plan, by the first 519

5-year milestone assessment required under subparagraph (a)6., 520

or as required in s. 373.807(1)(b)8. for Outstanding Florida 521

Springs, for its jurisdiction that provides for either 522


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connecting each onsite sewage treatment and disposal system to a 523

central wastewater treatment plant or replacing the current 524

system with a new system where the discharge meets current water 525

quality standards and which has a discharge monitoring system. 526

The local government shall submit to the department for 527

approval, a detailed plan, which includes: 528

(A) The timeline of dates required for the commencement of 529



(B) A detailed planning and design report setting forth the 532

plan for construction of improvements and operations; 533

(C) A certification that the local government, in agreement 534

with the owner or operator, has approved the method of 535

remediation and method of financing or funding construction and 536

operation. 537

(II) The department may amend the plan and shall approve a 538


request by a local government. Upon a showing of good cause, the 540

department may grant an extension of time to reach compliance 541

with the schedule. 542

(III) If the deadlines for the initiation of construction 543

of improvements, completion of construction, and commencement of 544

operations that were approved pursuant to this subsection are 545

not satisfied, the local government may not approve any building 546

permits within the plan area, and the department may not approve 547

any onsite sewage treatment and disposal system within the plan 548

area until the actions in the remediation plan have been 549

completed. In addition, the department shall, unless good cause 550



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403.161 until the actions in the remediation plan have been 552

completed. The department may reduce penalties based on 553

expenditures designed to achieve compliance with the remediation 554

plan. 555

c. In developing and adopting the plan, the department 556

shall: 557

(I) Collect and evaluate credible scientific information on 558

the effect of nutrients on surface waters and groundwater; 559

(II) Work with local stakeholders to develop a public 560

education plan to provide area residents with reliable, 561

understandable information about onsite sewage treatment and 562

disposal systems and surface and groundwater pollution; 563

(III) In addition to sub-subparagraph 2.b., the department 564

may include in the plan, if appropriate, options for system 565

repair, upgrade, or replacement; drainfield modification; the 566

addition of effective nutrient-reducing features; or other 567

actions addressing onsite sewage treatment and disposal system 568

issues. The department shall include in the plan a priority 569

ranking for each onsite system, or group of systems, that 570

requires remediation. The priority ranking shall be used to 571

ensure the most effective, efficient use of the funding provided 572

for onsite system remediation. In awarding any such funds, the 573

department may consider expected nutrient reduction benefit per 574

unit cost, the size and scope of the project, local financial 575

contribution to the project relative to the overall cost, and the 576

financial impact on property owners and the community. For the 577

purpose of awarding funds, the department may, at its discretion, 578

totally or partially waive this consideration of the local 579

contribution for proposed projects within an area designated as a 580


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rural area of opportunity under s. 288.0656; and 581

(IV) The installation, repair, modification, or upgrade of 582

onsite sewage treatment and disposal systems on lots of 1 acre or 583

less and within the boundaries of a basin management action plan 584

with an onsite sewage treatment and disposal remediation plan 585

must conform to the requirements of the remediation plan. 586

(g) Alternative restoration plan.— 587

1. To demonstrate that the department can forgo placing a 588

water body on the verified impaired water bodies list and 589

establishing a total maximum daily load, the restoration plan 590

for a water body must establish: 591

a. The implementation of best management practices or 592

monitoring for nonpoint sources of pollution; 593

b. The implementation of a septic remediation plan where 594

such remediation is necessary to restore the water body; and 595

c. Adoption of alternative waste treatment levels for 596

wastewater treatment plants. 597

2. In addition, the restoration plan must include any other 598

pollution control mechanisms that are being implemented to 599

demonstrate a reasonable assurance that existing or proposed 600

pollution control mechanisms or programs will effectively 601

address the impairment. Upon adoption of such a restoration 602

plan, the requirement that best management practices or 603

monitoring be conducted within the watershed impacting the water 604

body is enforceable pursuant to this section and ss. 403.121, 605

403.141, and 403.161. 606


to read: 608

403.0771 Sewage spill notification; moratorium.— 609


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(1) In addition to the public notification requirements of 610

s. 403.077, a wastewater treatment plant that unlawfully 611

discharges raw or partially treated sewage into any waterway or 612

aquifer must, within 24 hours after discovering the discharge, 613

notify its customers that the discharge has occurred. 614

(2) If a wastewater treatment plant owned by a local 615

government unlawfully discharges raw or partially treated sewage 616

into any waterway or aquifer, the local government may not 617

approve any building permits and the department may not approve 618

any onsite sewage treatment and disposal system in the local 619

government’s jurisdiction until any required maintenance, 620

repair, or improvement has been implemented to reduce or 621

eliminate sanitary sewage overflows, as determined by the 622

department. In addition, the department shall assess a daily 623

penalty pursuant to ss. 403.121, 403.141, and 403.161 until the 624

required maintenance, repair, or improvement has been 625

implemented. The department may reduce a penalty based on the 626

wastewater treatment plant’s investment in assessment and 627

maintenance activities to identify and address conditions that 628

may cause sanitary sewage overflows. 629

Section 7. Effective July 1, 2024, paragraph (c) of 630

subsection (1) of section 403.086, Florida Statutes, is amended 631

to read: 632

403.086 Sewage disposal facilities; advanced and secondary 633

waste treatment.— 634

(1) 635

(c) Notwithstanding any other provisions of this chapter or 636

chapter 373, facilities for sanitary sewage disposal may not 637

dispose of any wastes into Old Tampa Bay, Tampa Bay, 638


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Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater 639

Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay, 640

or Charlotte Harbor Bay, Indian River Lagoon, or into any river, 641

stream, channel, canal, bay, bayou, sound, or other water 642

tributary thereto, without providing advanced waste treatment, 643

as defined in subsection (4), approved by the department. This 644

paragraph shall not apply to facilities which were permitted by 645

February 1, 1987, and which discharge secondary treated 646

effluent, followed by water hyacinth treatment, to tributaries 647

of tributaries of the named waters; or to facilities permitted 648

to discharge to the nontidally influenced portions of the Peace 649

River. 650




403.9337 Model Ordinance for Florida-Friendly Fertilizer 654

Use on Urban Landscapes.— 655

(4) A local government that fails to adopt, enact, and 656

implement an ordinance pursuant to this section is subject to a 657

daily fine as provided in ss. 403.121, 403.141, and 403.161 and 658

may not approve any building permits until the ordinance has 659

been adopted, enacted, and implemented. 660

Section 9. (1) The Department of Environmental Protection 661

shall revise the basin management action plans for Indian River 662

Lagoon and the basin management action plans that were adopted 663

pursuant to s. 373.807, Florida Statutes, and approved by the 664

Secretary of Environmental Protection or prepared by the 665

department before July 1, 2019, to conform existing plans to 666

changes made by this act. Revisions to such basin management 667


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action plans made pursuant to this act must be completed by July 668

1, 2020. The department may grant an extension, upon a showing 669

of good cause, to a local government on the deadlines for its 670

wastewater treatment plan project or onsite sewage treatment and 671

disposal system remediation plans submitted as part of a basin 672


(2) The department shall revise all basin management action 674

plans not included under subsection (1), but adopted pursuant to 675

s. 403.067(7), Florida Statutes, and approved by the Secretary 676

of Environmental Protection or prepared by the department before 677

July 1, 2019, to conform existing plans to changes made by this 678

act. Revisions to such basin management action plans made 679

pursuant to this act must be completed by the next required 5-680

year milestone assessment for those revisions scheduled for on 681

or after July 1, 2020. The department may grant an extension, 682

upon a showing of good cause, to a local government on the 683

deadlines for its wastewater treatment plan project or onsite 684

sewage treatment and disposal system remediation plans submitted 685

as part of a basin management action plan. 686



153.54 Preliminary report by county commissioners with 689

respect to creation of proposed district.—Upon receipt of a 690

petition duly signed by not less than 25 qualified electors who 691

are also freeholders residing within an area proposed to be 692

incorporated into a water and sewer district pursuant to this 693

law and describing in general terms the proposed boundaries of 694

such proposed district, the board of county commissioners if it 695

shall deem it necessary and advisable to create and establish 696


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such proposed district for the purpose of constructing, 697

establishing or acquiring a water system or a sewer system or 698

both in and for such district (herein called “improvements”), 699

shall first cause a preliminary report to be made which such 700

report together with any other relevant or pertinent matters, 701

shall include at least the following: 702

(5) For the construction of a new proposed sewerage system 703

or the extension of an existing sewerage system that was not 704

previously approved, the report shall include a study that 705

includes the available information from the Department of 706

Environmental Protection Health on the history of onsite sewage 707

treatment and disposal systems currently in use in the area and 708

a comparison of the projected costs to the owner of a typical 709

lot or parcel of connecting to and using the proposed sewerage 710

system versus installing, operating, and properly maintaining an 711

onsite sewage treatment system that is approved by the 712

Department of Environmental Protection Health and that provides 713

for the comparable level of environmental and health protection 714

as the proposed central sewerage system; consideration of the 715

local authority’s obligations or reasonably anticipated 716

obligations for water body cleanup and protection under state or 717

federal programs, including requirements for water bodies listed 718

under s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 719

U.S.C. ss. 1251 et seq.; and other factors deemed relevant by 720

the local authority. 721

722

Such report shall be filed in the office of the clerk of the 723

circuit court and shall be open for the inspection of any 724

taxpayer, property owner, qualified elector or any other 725


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interested or affected person. 726



153.73 Assessable improvements; levy and payment of special 729

assessments.—Any district may provide for the construction or 730

reconstruction of assessable improvements as defined in s. 731

153.52, and for the levying of special assessments upon 732

benefited property for the payment thereof, under the provisions 733

of this section. 734

(2) 735

(c) For the construction of a new proposed sewerage system 736













local authority’s obligations or reasonably anticipated 749







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163.3180 Concurrency.— 757

(2) Consistent with public health and safety, sanitary 758

sewer, solid waste, drainage, adequate water supplies, and 759

potable water facilities shall be in place and available to 760

serve new development no later than the issuance by the local 761

government of a certificate of occupancy or its functional 762

equivalent. Prior to approval of a building permit or its 763

functional equivalent, the local government shall consult with 764

the applicable water supplier to determine whether adequate 765

water supplies to serve the new development will be available no 766

later than the anticipated date of issuance by the local 767


equivalent. A local government may meet the concurrency 769

requirement for sanitary sewer through the use of onsite sewage 770

treatment and disposal systems approved by the Department of 771

Environmental Protection Health to serve new development. 772



373.811 Prohibited activities within a priority focus 775

area.—The following activities are prohibited within a priority 776

focus area in effect for an Outstanding Florida Spring: 777

(2) New onsite sewage treatment and disposal systems on 778

lots of less than 1 acre, if the addition of the specific 779

systems conflicts with an onsite treatment and disposal system 780

remediation plan incorporated into a basin management action 781

plan in accordance with s. 403.067(7)(e) s. 373.807(3). 782

Section 14. Subsections (7) and (18) of section 381.006, 783


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381.006 Environmental health.—The department shall conduct 785

an environmental health program as part of fulfilling the 786

state’s public health mission. The purpose of this program is to 787

detect and prevent disease caused by natural and manmade factors 788

in the environment. The environmental health program shall 789

include, but not be limited to: 790

(7) An onsite sewage treatment and disposal function. 791

(18) A food service inspection function for domestic 792

violence centers that are certified by the Department of 793

Children and Families and monitored by the Florida Coalition 794

Against Domestic Violence under part XII of chapter 39 and group 795

care homes as described in subsection (15) (16), which shall be 796

conducted annually and be limited to the requirements in 797

department rule applicable to community-based residential 798

facilities with five or fewer residents. 799

800

The department may adopt rules to carry out the provisions of 801

this section. 802



381.0061 Administrative fines.— 805

(1) In addition to any administrative action authorized by 806

chapter 120 or by other law, the department may impose a fine, 807

which shall not exceed $500 for each violation, for a violation 808

of s. 381.006(15) s. 381.006(16), s. 381.0065, s. 381.0066, s. 809

381.0072, or part III of chapter 489, for a violation of any 810

rule adopted under this chapter, or for a violation of any of 811

the provisions of chapter 386. Notice of intent to impose such 812


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fine shall be given by the department to the alleged violator. 813

Each day that a violation continues may constitute a separate 814

violation. 815



381.0064 Continuing education courses for persons 818

installing or servicing septic tanks.— 819

(1) The Department of Environmental Protection Health shall 820

establish a program for continuing education which meets the 821

purposes of ss. 381.0101 and 489.554 regarding the public health 822

and environmental effects of onsite sewage treatment and 823

disposal systems and any other matters the department determines 824

desirable for the safe installation and use of onsite sewage 825

treatment and disposal systems. The department may charge a fee 826

to cover the cost of such program. 827

Section 17. Present paragraphs (d) through (q) of 828

subsection (2) of section 381.0065, Florida Statutes, are 829

redesignated as paragraphs (e) through (r), respectively, a new 830

paragraph (d) is added to that subsection, and subsections (3) 831

and (4) of that section are amended, to read: 832

381.0065 Onsite sewage treatment and disposal systems; 833

regulation.— 834

(2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the 835

term: 836

(d) “Department” means the Department of Environmental 837

Protection. 838

(3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The 839


(a) Adopt rules to administer ss. 381.0065-381.0067, 841


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including definitions that are consistent with the definitions 842

in this section, decreases to setback requirements where no 843

health hazard exists, increases for the lot-flow allowance for 844

performance-based systems, requirements for separation from 845

water table elevation during the wettest season, requirements 846

for the design and construction of any component part of an 847

onsite sewage treatment and disposal system, application and 848

permit requirements for persons who maintain an onsite sewage 849

treatment and disposal system, requirements for maintenance and 850

service agreements for aerobic treatment units and performance-851

based treatment systems, and recommended standards, including 852

disclosure requirements, for voluntary system inspections to be 853

performed by individuals who are authorized by law to perform 854

such inspections and who shall inform a person having ownership, 855

control, or use of an onsite sewage treatment and disposal 856

system of the inspection standards and of that person’s 857

authority to request an inspection based on all or part of the 858

standards. 859

(b) Perform application reviews and site evaluations, issue 860

permits, and conduct inspections and complaint investigations 861

associated with the construction, installation, maintenance, 862

modification, abandonment, operation, use, or repair of an 863

onsite sewage treatment and disposal system for a residence or 864

establishment with an estimated domestic sewage flow of 10,000 865

gallons or less per day, or an estimated commercial sewage flow 866

of 5,000 gallons or less per day, which is not currently 867

regulated under chapter 403. 868

(c) Develop a comprehensive program to ensure that onsite 869

sewage treatment and disposal systems regulated by the 870


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department are sized, designed, constructed, installed, 871

repaired, modified, abandoned, used, operated, and maintained in 872

compliance with this section and rules adopted under this 873

section to prevent groundwater contamination and surface water 874

contamination and to preserve the public health. The department 875

is the final administrative interpretive authority regarding 876

rule interpretation. In the event of a conflict regarding rule 877

interpretation, the State Surgeon General, or his or her 878

designee, shall timely assign a staff person to resolve the 879

dispute. 880

(d) Grant variances in hardship cases under the conditions 881

prescribed in this section and rules adopted under this section. 882

(e) Permit the use of a limited number of innovative 883

systems for a specific period of time, when there is compelling 884

evidence that the system will function properly and reliably to 885

meet the requirements of this section and rules adopted under 886

this section. 887

(f) Issue annual operating permits under this section. 888

(g) Establish and collect fees as established under s. 889

381.0066 for services provided with respect to onsite sewage 890

treatment and disposal systems. 891

(h) Conduct enforcement activities, including imposing 892

fines, issuing citations, suspensions, revocations, injunctions, 893

and emergency orders for violations of this section, part I of 894

chapter 386, or part III of chapter 489 or for a violation of 895

any rule adopted under this section, part I of chapter 386, or 896

part III of chapter 489. 897

(i) Provide or conduct education and training of department 898

personnel, service providers, and the public regarding onsite 899


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(j) Supervise research on, demonstration of, and training 901

on the performance, environmental impact, and public health 902

impact of onsite sewage treatment and disposal systems within 903

this state. Research fees collected under s. 381.0066(2)(k) must 904

be used to develop and fund hands-on training centers designed 905

to provide practical information about onsite sewage treatment 906

and disposal systems to septic tank contractors, master septic 907

tank contractors, contractors, inspectors, engineers, and the 908

public and must also be used to fund research projects which 909

focus on improvements of onsite sewage treatment and disposal 910

systems, including use of performance-based standards and 911

reduction of environmental impact. Research projects shall be 912

initially approved by the technical review and advisory panel 913

and shall be applicable to and reflect the soil conditions 914

specific to Florida. Such projects shall be awarded through 915

competitive negotiation, using the procedures provided in s. 916

287.055, to public or private entities that have experience in 917

onsite sewage treatment and disposal systems in Florida and that 918

are principally located in Florida. Research projects shall not 919

be awarded to firms or entities that employ or are associated 920

with persons who serve on either the technical review and 921

advisory panel or the research review and advisory committee. 922

(k) Approve the installation of individual graywater 923

disposal systems in which blackwater is treated by a central 924

sewerage system. 925

(l) Regulate and permit the sanitation, handling, 926

treatment, storage, reuse, and disposal of byproducts from any 927

system regulated under this chapter and not regulated by the 928


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Department of Environmental Protection. 929

(m) Permit and inspect portable or temporary toilet 930

services and holding tanks. The department shall review 931

applications, perform site evaluations, and issue permits for 932

the temporary use of holding tanks, privies, portable toilet 933

services, or any other toilet facility that is intended for use 934

on a permanent or nonpermanent basis, including facilities 935

placed on construction sites when workers are present. The 936

department may specify standards for the construction, 937

maintenance, use, and operation of any such facility for 938

temporary use. 939

(n) Regulate and permit maintenance entities for 940

performance-based treatment systems and aerobic treatment unit 941

systems. To ensure systems are maintained and operated according 942

to manufacturer’s specifications and designs, the department 943

shall establish by rule minimum qualifying criteria for 944

maintenance entities. The criteria shall include: training, 945

access to approved spare parts and components, access to 946

manufacturer’s maintenance and operation manuals, and service 947

response time. The maintenance entity shall employ a contractor 948

licensed under s. 489.105(3)(m), or part III of chapter 489, or 949

a state-licensed wastewater plant operator, who is responsible 950

for maintenance and repair of all systems under contract. 951

(4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 952

construct, repair, modify, abandon, or operate an onsite sewage 953

treatment and disposal system without first obtaining a permit 954

approved by the department. The department may issue permits to 955

carry out this section., but shall not make the issuance of such 956

permits contingent upon prior approval by the Department of 957


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Environmental Protection, except that The issuance of a permit 958

for work seaward of the coastal construction control line 959

established under s. 161.053 shall be contingent upon receipt of 960

any required coastal construction control line permit from the 961

department of Environmental Protection. A construction permit is 962

valid for 18 months from the issuance date and may be extended 963

by the department for one 90-day period under rules adopted by 964

the department. A repair permit is valid for 90 days from the 965

date of issuance. An operating permit must be obtained before 966

prior to the use of any aerobic treatment unit or if the 967

establishment generates commercial waste. Buildings or 968

establishments that use an aerobic treatment unit or generate 969

commercial waste shall be inspected by the department at least 970

annually to assure compliance with the terms of the operating 971

permit. The operating permit for a commercial wastewater system 972

is valid for 1 year from the date of issuance and must be 973

renewed annually. The operating permit for an aerobic treatment 974

unit is valid for 2 years from the date of issuance and must be 975

renewed every 2 years. If all information pertaining to the 976

siting, location, and installation conditions or repair of an 977

onsite sewage treatment and disposal system remains the same, a 978

construction or repair permit for the onsite sewage treatment 979

and disposal system may be transferred to another person, if the 980

transferee files, within 60 days after the transfer of 981

ownership, an amended application providing all corrected 982

information and proof of ownership of the property. There is no 983

fee associated with the processing of this supplemental 984

information. A person may not contract to construct, modify, 985

alter, repair, service, abandon, or maintain any portion of an 986


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onsite sewage treatment and disposal system without being 987

registered under part III of chapter 489. A property owner who 988

personally performs construction, maintenance, or repairs to a 989

system serving his or her own owner-occupied single-family 990

residence is exempt from registration requirements for 991

performing such construction, maintenance, or repairs on that 992

residence, but is subject to all permitting requirements. A 993

municipality or political subdivision of the state may not issue 994

a building or plumbing permit for any building that requires the 995

use of an onsite sewage treatment and disposal system unless the 996

owner or builder has received a construction permit for such 997

system from the department. A building or structure may not be 998

occupied and a municipality, political subdivision, or any state 999

or federal agency may not authorize occupancy until the 1000

department approves the final installation of the onsite sewage 1001

treatment and disposal system. A municipality or political 1002

subdivision of the state may not approve any change in occupancy 1003

or tenancy of a building that uses an onsite sewage treatment 1004

and disposal system until the department has reviewed the use of 1005

the system with the proposed change, approved the change, and 1006

amended the operating permit. 1007

(a) Subdivisions and lots in which each lot has a minimum 1008

area of at least one-half acre and either a minimum dimension of 1009

100 feet or a mean of at least 100 feet of the side bordering 1010

the street and the distance formed by a line parallel to the 1011

side bordering the street drawn between the two most distant 1012

points of the remainder of the lot may be developed with a water 1013

system regulated under s. 381.0062 and onsite sewage treatment 1014

and disposal systems, provided the projected daily sewage flow 1015


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does not exceed an average of 1,500 gallons per acre per day, 1016

and provided satisfactory drinking water can be obtained and all 1017

distance and setback, soil condition, water table elevation, and 1018

other related requirements of this section and rules adopted 1019

under this section can be met. 1020

(b) Subdivisions and lots using a public water system as 1021

defined in s. 403.852 may use onsite sewage treatment and 1022

disposal systems, provided there are no more than four lots per 1023

acre, provided the projected daily sewage flow does not exceed 1024

an average of 2,500 gallons per acre per day, and provided that 1025

all distance and setback, soil condition, water table elevation, 1026

and other related requirements that are generally applicable to 1027

the use of onsite sewage treatment and disposal systems are met. 1028

(c) Notwithstanding paragraphs (a) and (b), for 1029

subdivisions platted of record on or before October 1, 1991, 1030

when a developer or other appropriate entity has previously made 1031

or makes provisions, including financial assurances or other 1032

commitments, acceptable to the department of Health, that a 1033

central water system will be installed by a regulated public 1034

utility based on a density formula, private potable wells may be 1035

used with onsite sewage treatment and disposal systems until the 1036

agreed-upon densities are reached. In a subdivision regulated by 1037

this paragraph, the average daily sewage flow may not exceed 1038

2,500 gallons per acre per day. This section does not affect the 1039

validity of existing prior agreements. After October 1, 1991, 1040

the exception provided under this paragraph is not available to 1041

a developer or other appropriate entity. 1042

(d) Paragraphs (a) and (b) do not apply to any proposed 1043

residential subdivision with more than 50 lots or to any 1044


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proposed commercial subdivision with more than 5 lots where a 1045

publicly owned or investor-owned sewerage system is available. 1046

It is the intent of this paragraph not to allow development of 1047

additional proposed subdivisions in order to evade the 1048

requirements of this paragraph. 1049

(e) Onsite sewage treatment and disposal systems must not 1050

be placed closer than: 1051

1. Seventy-five feet from a private potable well. 1052

2. Two hundred feet from a public potable well serving a 1053

residential or nonresidential establishment having a total 1054

sewage flow of greater than 2,000 gallons per day. 1055

3. One hundred feet from a public potable well serving a 1056


sewage flow of less than or equal to 2,000 gallons per day. 1058

4. Fifty feet from any nonpotable well. 1059

5. Ten feet from any storm sewer pipe, to the maximum 1060

extent possible, but in no instance shall the setback be less 1061

than 5 feet. 1062

6. Seventy-five feet from the mean high-water line of a 1063

tidally influenced surface water body. 1064

7. Seventy-five feet from the mean annual flood line of a 1065

permanent nontidal surface water body. 1066

8. Fifteen feet from the design high-water line of 1067

retention areas, detention areas, or swales designed to contain 1068

standing or flowing water for less than 72 hours after a 1069

rainfall or the design high-water level of normally dry drainage 1070

ditches or normally dry individual lot stormwater retention 1071

areas. 1072

(f) Except as provided under paragraphs (e) and (t), no 1073


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limitations shall be imposed by rule, relating to the distance 1074

between an onsite disposal system and any area that either 1075

permanently or temporarily has visible surface water. 1076

(g) All provisions of this section and rules adopted under 1077

this section relating to soil condition, water table elevation, 1078

distance, and other setback requirements must be equally applied 1079

to all lots, with the following exceptions: 1080

1. Any residential lot that was platted and recorded on or 1081

after January 1, 1972, or that is part of a residential 1082

subdivision that was approved by the appropriate permitting 1083

agency on or after January 1, 1972, and that was eligible for an 1084

onsite sewage treatment and disposal system construction permit 1085

on the date of such platting and recording or approval shall be 1086

eligible for an onsite sewage treatment and disposal system 1087

construction permit, regardless of when the application for a 1088

permit is made. If rules in effect at the time the permit 1089

application is filed cannot be met, residential lots platted and 1090

recorded or approved on or after January 1, 1972, shall, to the 1091

maximum extent possible, comply with the rules in effect at the 1092

time the permit application is filed. At a minimum, however, 1093

those residential lots platted and recorded or approved on or 1094

after January 1, 1972, but before January 1, 1983, shall comply 1095

with those rules in effect on January 1, 1983, and those 1096

residential lots platted and recorded or approved on or after 1097

January 1, 1983, shall comply with those rules in effect at the 1098

time of such platting and recording or approval. In determining 1099

the maximum extent of compliance with current rules that is 1100

possible, the department shall allow structures and 1101

appurtenances thereto which were authorized at the time such 1102


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lots were platted and recorded or approved. 1103

2. Lots platted before 1972 are subject to a 50-foot 1104

minimum surface water setback and are not subject to lot size 1105

requirements. The projected daily flow for onsite sewage 1106

treatment and disposal systems for lots platted before 1972 may 1107

not exceed: 1108

a. Two thousand five hundred gallons per acre per day for 1109

lots served by public water systems as defined in s. 403.852. 1110

b. One thousand five hundred gallons per acre per day for 1111

lots served by water systems regulated under s. 381.0062. 1112

(h)1. The department may grant variances in hardship cases 1113

which may be less restrictive than the provisions specified in 1114

this section. If a variance is granted and the onsite sewage 1115

treatment and disposal system construction permit has been 1116

issued, the variance may be transferred with the system 1117

construction permit, if the transferee files, within 60 days 1118

after the transfer of ownership, an amended construction permit 1119

application providing all corrected information and proof of 1120

ownership of the property and if the same variance would have 1121

been required for the new owner of the property as was 1122

originally granted to the original applicant for the variance. 1123

There is no fee associated with the processing of this 1124

supplemental information. A variance may not be granted under 1125

this section until the department is satisfied that: 1126

a. The hardship was not caused intentionally by the action 1127

of the applicant; 1128

b. No reasonable alternative, taking into consideration 1129

factors such as cost, exists for the treatment of the sewage; 1130

and 1131


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c. The discharge from the onsite sewage treatment and 1132

disposal system will not adversely affect the health of the 1133

applicant or the public or significantly degrade the groundwater 1134

or surface waters. 1135

1136

Where soil conditions, water table elevation, and setback 1137

provisions are determined by the department to be satisfactory, 1138

special consideration must be given to those lots platted before 1139

1972. 1140

2. The department shall appoint and staff a variance review 1141

and advisory committee, which shall meet monthly to recommend 1142

agency action on variance requests. The committee shall make its 1143

recommendations on variance requests at the meeting in which the 1144

application is scheduled for consideration, except for an 1145

extraordinary change in circumstances, the receipt of new 1146

information that raises new issues, or when the applicant 1147

requests an extension. The committee shall consider the criteria 1148

in subparagraph 1. in its recommended agency action on variance 1149

requests and shall also strive to allow property owners the full 1150

use of their land where possible. The committee consists of the 1151

following: 1152

a. The State Surgeon General or his or her designee. 1153

b. A representative from the county health departments. 1154

c. A representative from the home building industry 1155

recommended by the Florida Home Builders Association. 1156

d. A representative from the septic tank industry 1157

recommended by the Florida Onsite Wastewater Association. 1158

e. A representative from the Department of Environmental 1159

Protection. 1160


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f. A representative from the real estate industry who is 1161

also a developer in this state who develops lots using onsite 1162

sewage treatment and disposal systems, recommended by the 1163

Florida Association of Realtors. 1164

g. A representative from the engineering profession 1165

recommended by the Florida Engineering Society. 1166

1167

Members shall be appointed for a term of 3 years, with such 1168

appointments being staggered so that the terms of no more than 1169

two members expire in any one year. Members shall serve without 1170

remuneration, but if requested, shall be reimbursed for per diem 1171

and travel expenses as provided in s. 112.061. 1172

(i) A construction permit may not be issued for an onsite 1173

sewage treatment and disposal system in any area zoned or used 1174

for industrial or manufacturing purposes, or its equivalent, 1175

where a publicly owned or investor-owned sewage treatment system 1176

is available, or where a likelihood exists that the system will 1177

receive toxic, hazardous, or industrial waste. An existing 1178

onsite sewage treatment and disposal system may be repaired if a 1179

publicly owned or investor-owned sewerage system is not 1180

available within 500 feet of the building sewer stub-out and if 1181

system construction and operation standards can be met. This 1182

paragraph does not require publicly owned or investor-owned 1183

sewerage treatment systems to accept anything other than 1184

domestic wastewater. 1185

1. A building located in an area zoned or used for 1186

industrial or manufacturing purposes, or its equivalent, when 1187

such building is served by an onsite sewage treatment and 1188

disposal system, must not be occupied until the owner or tenant 1189


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has obtained written approval from the department. The 1190

department shall not grant approval when the proposed use of the 1191

system is to dispose of toxic, hazardous, or industrial 1192

wastewater or toxic or hazardous chemicals. 1193

2. Each person who owns or operates a business or facility 1194

in an area zoned or used for industrial or manufacturing 1195

purposes, or its equivalent, or who owns or operates a business 1196

that has the potential to generate toxic, hazardous, or 1197

industrial wastewater or toxic or hazardous chemicals, and uses 1198

an onsite sewage treatment and disposal system that is installed 1199

on or after July 5, 1989, must obtain an annual system operating 1200

permit from the department. A person who owns or operates a 1201

business that uses an onsite sewage treatment and disposal 1202

system that was installed and approved before July 5, 1989, need 1203

not obtain a system operating permit. However, upon change of 1204

ownership or tenancy, the new owner or operator must notify the 1205

department of the change, and the new owner or operator must 1206

obtain an annual system operating permit, regardless of the date 1207

that the system was installed or approved. 1208

3. The department shall periodically review and evaluate 1209

the continued use of onsite sewage treatment and disposal 1210

systems in areas zoned or used for industrial or manufacturing 1211

purposes, or its equivalent, and may require the collection and 1212

analyses of samples from within and around such systems. If the 1213

department finds that toxic or hazardous chemicals or toxic, 1214

hazardous, or industrial wastewater have been or are being 1215

disposed of through an onsite sewage treatment and disposal 1216

system, the department shall initiate enforcement actions 1217

against the owner or tenant to ensure adequate cleanup, 1218


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treatment, and disposal. 1219

(j) An onsite sewage treatment and disposal system designed 1220

by a professional engineer registered in the state and certified 1221

by such engineer as complying with performance criteria adopted 1222

by the department must be approved by the department subject to 1223

the following: 1224

1. The performance criteria applicable to engineer-designed 1225

systems must be limited to those necessary to ensure that such 1226

systems do not adversely affect the public health or 1227

significantly degrade the groundwater or surface water. Such 1228

performance criteria shall include consideration of the quality 1229

of system effluent, the proposed total sewage flow per acre, 1230

wastewater treatment capabilities of the natural or replaced 1231

soil, water quality classification of the potential surface-1232

water-receiving body, and the structural and maintenance 1233

viability of the system for the treatment of domestic 1234

wastewater. However, performance criteria shall address only the 1235

performance of a system and not a system’s design. 1236

2. A person electing to utilize an engineer-designed system 1237

shall, upon completion of the system design, submit such design, 1238

certified by a registered professional engineer, to the county 1239

health department. The county health department may utilize an 1240

outside consultant to review the engineer-designed system, with 1241

the actual cost of such review to be borne by the applicant. 1242

Within 5 working days after receiving an engineer-designed 1243

system permit application, the county health department shall 1244

request additional information if the application is not 1245

complete. Within 15 working days after receiving a complete 1246

application for an engineer-designed system, the county health 1247


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department either shall issue the permit or, if it determines 1248

that the system does not comply with the performance criteria, 1249

shall notify the applicant of that determination and refer the 1250

application to the department for a determination as to whether 1251

the system should be approved, disapproved, or approved with 1252

modification. The department engineer’s determination shall 1253

prevail over the action of the county health department. The 1254

applicant shall be notified in writing of the department’s 1255

determination and of the applicant’s rights to pursue a variance 1256

or seek review under the provisions of chapter 120. 1257

3. The owner of an engineer-designed performance-based 1258

system must maintain a current maintenance service agreement 1259

with a maintenance entity permitted by the department. The 1260

maintenance entity shall inspect each system at least twice each 1261

year and shall report quarterly to the department on the number 1262

of systems inspected and serviced. The reports may be submitted 1263

electronically. 1264

4. The property owner of an owner-occupied, single-family 1265

residence may be approved and permitted by the department as a 1266

maintenance entity for his or her own performance-based 1267

treatment system upon written certification from the system 1268

manufacturer’s approved representative that the property owner 1269

has received training on the proper installation and service of 1270

the system. The maintenance service agreement must conspicuously 1271

disclose that the property owner has the right to maintain his 1272

or her own system and is exempt from contractor registration 1273

requirements for performing construction, maintenance, or 1274

repairs on the system but is subject to all permitting 1275

requirements. 1276


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5. The property owner shall obtain a biennial system 1277

operating permit from the department for each system. The 1278

department shall inspect the system at least annually, or on 1279

such periodic basis as the fee collected permits, and may 1280

collect system-effluent samples if appropriate to determine 1281

compliance with the performance criteria. The fee for the 1282

biennial operating permit shall be collected beginning with the 1283

second year of system operation. 1284

6. If an engineer-designed system fails to properly 1285

function or fails to meet performance standards, the system 1286

shall be re-engineered, if necessary, to bring the system into 1287

compliance with the provisions of this section. 1288

(k) An innovative system may be approved in conjunction 1289

with an engineer-designed site-specific system which is 1290

certified by the engineer to meet the performance-based criteria 1291

adopted by the department. 1292

(l) For the Florida Keys, the department shall adopt a 1293

special rule for the construction, installation, modification, 1294

operation, repair, maintenance, and performance of onsite sewage 1295

treatment and disposal systems which considers the unique soil 1296

conditions and water table elevations, densities, and setback 1297

requirements. On lots where a setback distance of 75 feet from 1298

surface waters, saltmarsh, and buttonwood association habitat 1299

areas cannot be met, an injection well, approved and permitted 1300

by the department, may be used for disposal of effluent from 1301

onsite sewage treatment and disposal systems. The following 1302

additional requirements apply to onsite sewage treatment and 1303

disposal systems in Monroe County: 1304

1. The county, each municipality, and those special 1305


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districts established for the purpose of the collection, 1306

transmission, treatment, or disposal of sewage shall ensure, in 1307

accordance with the specific schedules adopted by the 1308

Administration Commission under s. 380.0552, the completion of 1309

onsite sewage treatment and disposal system upgrades to meet the 1310


2. Onsite sewage treatment and disposal systems must cease 1312

discharge by December 31, 2015, or must comply with department 1313

rules and provide the level of treatment which, on a permitted 1314

annual average basis, produces an effluent that contains no more 1315

than the following concentrations: 1316

a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l. 1317

b. Suspended Solids of 10 mg/l. 1318

c. Total Nitrogen, expressed as N, of 10 mg/l or a 1319

reduction in nitrogen of at least 70 percent. A system that has 1320

been tested and certified to reduce nitrogen concentrations by 1321

at least 70 percent shall be deemed to be in compliance with 1322

this standard. 1323

d. Total Phosphorus, expressed as P, of 1 mg/l. 1324

1325

In addition, onsite sewage treatment and disposal systems 1326

discharging to an injection well must provide basic disinfection 1327

as defined by department rule. 1328

3. In areas not scheduled to be served by a central sewer, 1329

onsite sewage treatment and disposal systems must, by December 1330

31, 2015, comply with department rules and provide the level of 1331

treatment described in subparagraph 2. 1332

4. In areas scheduled to be served by central sewer by 1333

December 31, 2015, if the property owner has paid a connection 1334


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fee or assessment for connection to the central sewer system, 1335

the property owner may install a holding tank with a high water 1336

alarm or an onsite sewage treatment and disposal system that 1337

meets the following minimum standards: 1338

a. The existing tanks must be pumped and inspected and 1339

certified as being watertight and free of defects in accordance 1340

with department rule; and 1341

b. A sand-lined drainfield or injection well in accordance 1342

with department rule must be installed. 1343

5. Onsite sewage treatment and disposal systems must be 1344

monitored for total nitrogen and total phosphorus concentrations 1345

as required by department rule. 1346

6. The department shall enforce proper installation, 1347

operation, and maintenance of onsite sewage treatment and 1348

disposal systems pursuant to this chapter, including ensuring 1349

that the appropriate level of treatment described in 1350

subparagraph 2. is met. 1351

7. The authority of a local government, including a special 1352

district, to mandate connection of an onsite sewage treatment 1353

and disposal system is governed by s. 4, chapter 99-395, Laws of 1354

Florida. 1355

8. Notwithstanding any other provision of law, an onsite 1356

sewage treatment and disposal system installed after July 1, 1357

2010, in unincorporated Monroe County, excluding special 1358

wastewater districts, that complies with the standards in 1359

subparagraph 2. is not required to connect to a central sewer 1360

system until December 31, 2020. 1361

(m) No product sold in the state for use in onsite sewage 1362

treatment and disposal systems may contain any substance in 1363


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concentrations or amounts that would interfere with or prevent 1364

the successful operation of such system, or that would cause 1365

discharges from such systems to violate applicable water quality 1366

standards. The department shall publish criteria for products 1367

known or expected to meet the conditions of this paragraph. In 1368

the event a product does not meet such criteria, such product 1369

may be sold if the manufacturer satisfactorily demonstrates to 1370

the department that the conditions of this paragraph are met. 1371

(n) Evaluations for determining the seasonal high-water 1372

table elevations or the suitability of soils for the use of a 1373

new onsite sewage treatment and disposal system shall be 1374

performed by department personnel, professional engineers 1375

registered in the state, or such other persons with expertise, 1376

as defined by rule, in making such evaluations. Evaluations for 1377

determining mean annual flood lines shall be performed by those 1378

persons identified in paragraph (2)(k) paragraph (2)(j). The 1379

department shall accept evaluations submitted by professional 1380

engineers and such other persons as meet the expertise 1381

established by this section or by rule unless the department has 1382

a reasonable scientific basis for questioning the accuracy or 1383

completeness of the evaluation. 1384

(o) The department shall appoint a research review and 1385

advisory committee, which shall meet at least semiannually. The 1386

committee shall advise the department on directions for new 1387

research, review and rank proposals for research contracts, and 1388

review draft research reports and make comments. The committee 1389

is comprised of: 1390

1. A representative of the State Surgeon General, or his or 1391

her designee. 1392


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2. A representative from the septic tank industry. 1393

3. A representative from the home building industry. 1394

4. A representative from an environmental interest group. 1395

5. A representative from the State University System, from 1396

a department knowledgeable about onsite sewage treatment and 1397


6. A professional engineer registered in this state who has 1399

work experience in onsite sewage treatment and disposal systems. 1400

7. A representative from local government who is 1401

knowledgeable about domestic wastewater treatment. 1402

8. A representative from the real estate profession. 1403

9. A representative from the restaurant industry. 1404

10. A consumer. 1405

1406

Members shall be appointed for a term of 3 years, with the 1407


four members expire in any one year. Members shall serve without 1409

remuneration, but are entitled to reimbursement for per diem and 1410

travel expenses as provided in s. 112.061. 1411

(p) An application for an onsite sewage treatment and 1412

disposal system permit shall be completed in full, signed by the 1413

owner or the owner’s authorized representative, or by a 1414

contractor licensed under chapter 489, and shall be accompanied 1415

by all required exhibits and fees. No specific documentation of 1416

property ownership shall be required as a prerequisite to the 1417

review of an application or the issuance of a permit. The 1418

issuance of a permit does not constitute determination by the 1419

department of property ownership. 1420

(q) The department may not require any form of subdivision 1421


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analysis of property by an owner, developer, or subdivider 1422

before prior to submission of an application for an onsite 1423

sewage treatment and disposal system. 1424

(r) Nothing in this section limits the power of a 1425

municipality or county to enforce other laws for the protection 1426

of the public health and safety. 1427

(s) In the siting of onsite sewage treatment and disposal 1428

systems, including drainfields, shoulders, and slopes, guttering 1429

shall not be required on single-family residential dwelling 1430

units for systems located greater than 5 feet from the roof drip 1431

line of the house. If guttering is used on residential dwelling 1432

units, the downspouts shall be directed away from the 1433

drainfield. 1434

(t) Notwithstanding the provisions of subparagraph (g)1., 1435

onsite sewage treatment and disposal systems located in 1436

floodways of the Suwannee and Aucilla Rivers must adhere to the 1437


1. The absorption surface of the drainfield shall not be 1439

subject to flooding based on 10-year flood elevations. Provided, 1440

however, for lots or parcels created by the subdivision of land 1441

in accordance with applicable local government regulations 1442

before prior to January 17, 1990, if an applicant cannot 1443

construct a drainfield system with the absorption surface of the 1444

drainfield at an elevation equal to or above 10-year flood 1445

elevation, the department shall issue a permit for an onsite 1446

sewage treatment and disposal system within the 10-year 1447

floodplain of rivers, streams, and other bodies of flowing water 1448

if all of the following criteria are met: 1449

a. The lot is at least one-half acre in size; 1450


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b. The bottom of the drainfield is at least 36 inches above 1451

the 2-year flood elevation; and 1452

c. The applicant installs either: a waterless, 1453

incinerating, or organic waste composting toilet and a graywater 1454

system and drainfield in accordance with department rules; an 1455

aerobic treatment unit and drainfield in accordance with 1456

department rules; a system approved by the State Health Office 1457

that is capable of reducing effluent nitrate by at least 50 1458

percent; or a system approved by the county health department 1459

pursuant to department rule other than a system using 1460

alternative drainfield materials. The United States Department 1461

of Agriculture Soil Conservation Service soil maps, State of 1462

Florida Water Management District data, and Federal Emergency 1463

Management Agency Flood Insurance maps are resources that shall 1464

be used to identify flood-prone areas. 1465

2. The use of fill or mounding to elevate a drainfield 1466

system out of the 10-year floodplain of rivers, streams, or 1467

other bodies of flowing water shall not be permitted if such a 1468

system lies within a regulatory floodway of the Suwannee and 1469

Aucilla Rivers. In cases where the 10-year flood elevation does 1470

not coincide with the boundaries of the regulatory floodway, the 1471

regulatory floodway will be considered for the purposes of this 1472

subsection to extend at a minimum to the 10-year flood 1473

elevation. 1474

(u)1. The owner of an aerobic treatment unit system shall 1475

maintain a current maintenance service agreement with an aerobic 1476

treatment unit maintenance entity permitted by the department. 1477

The maintenance entity shall inspect each aerobic treatment unit 1478

system at least twice each year and shall report quarterly to 1479


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the department on the number of aerobic treatment unit systems 1480

inspected and serviced. The reports may be submitted 1481




maintenance entity for his or her own aerobic treatment unit 1485

system upon written certification from the system manufacturer’s 1486

approved representative that the property owner has received 1487

training on the proper installation and service of the system. 1488

The maintenance entity service agreement must conspicuously 1489





requirements. 1494

3. A septic tank contractor licensed under part III of 1495

chapter 489, if approved by the manufacturer, may not be denied 1496

access by the manufacturer to aerobic treatment unit system 1497

training or spare parts for maintenance entities. After the 1498

original warranty period, component parts for an aerobic 1499

treatment unit system may be replaced with parts that meet 1500

manufacturer’s specifications but are manufactured by others. 1501

The maintenance entity shall maintain documentation of the 1502

substitute part’s equivalency for 2 years and shall provide such 1503

documentation to the department upon request. 1504

4. The owner of an aerobic treatment unit system shall 1505

obtain a system operating permit from the department and allow 1506

the department to inspect during reasonable hours each aerobic 1507

treatment unit system at least annually, and such inspection may 1508


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include collection and analysis of system-effluent samples for 1509

performance criteria established by rule of the department. 1510

(v) The department may require the submission of detailed 1511

system construction plans that are prepared by a professional 1512

engineer registered in this state. The department shall 1513

establish by rule criteria for determining when such a 1514

submission is required. 1515

(w) Any permit issued and approved by the department for 1516

the installation, modification, or repair of an onsite sewage 1517

treatment and disposal system shall transfer with the title to 1518

the property in a real estate transaction. A title may not be 1519

encumbered at the time of transfer by new permit requirements by 1520

a governmental entity for an onsite sewage treatment and 1521

disposal system which differ from the permitting requirements in 1522

effect at the time the system was permitted, modified, or 1523

repaired. An inspection of a system may not be mandated by a 1524

governmental entity at the point of sale in a real estate 1525

transaction. This paragraph does not affect a septic tank phase-1526

out deferral program implemented by a consolidated government as 1527

defined in s. 9, Art. VIII of the State Constitution (1885). 1528

(x) A governmental entity, including a municipality, 1529

county, or statutorily created commission, may not require an 1530

engineer-designed performance-based treatment system, excluding 1531

a passive engineer-designed performance-based treatment system, 1532

before the completion of the Florida Onsite Sewage Nitrogen 1533

Reduction Strategies Project. This paragraph does not apply to a 1534

governmental entity, including a municipality, county, or 1535

statutorily created commission, which adopted a local law, 1536

ordinance, or regulation on or before January 31, 2012. 1537


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Notwithstanding this paragraph, an engineer-designed 1538

performance-based treatment system may be used to meet the 1539

requirements of the variance review and advisory committee 1540

recommendations. 1541

(y)1. An onsite sewage treatment and disposal system is not 1542

considered abandoned if the system is disconnected from a 1543

structure that was made unusable or destroyed following a 1544

disaster and if the system was properly functioning at the time 1545

of disconnection and was not adversely affected by the disaster. 1546

The onsite sewage treatment and disposal system may be 1547

reconnected to a rebuilt structure if: 1548

a. The reconnection of the system is to the same type of 1549

structure which contains the same number of bedrooms or fewer, 1550

if the square footage of the structure is less than or equal to 1551

110 percent of the original square footage of the structure that 1552

existed before the disaster; 1553

b. The system is not a sanitary nuisance; and 1554

c. The system has not been altered without prior 1555

authorization. 1556

2. An onsite sewage treatment and disposal system that 1557

serves a property that is foreclosed upon is not considered 1558

abandoned. 1559

(z) If an onsite sewage treatment and disposal system 1560

permittee receives, relies upon, and undertakes construction of 1561

a system based upon a validly issued construction permit under 1562

rules applicable at the time of construction but a change to a 1563

rule occurs within 5 years after the approval of the system for 1564

construction but before the final approval of the system, the 1565

rules applicable and in effect at the time of construction 1566


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approval apply at the time of final approval if fundamental site 1567

conditions have not changed between the time of construction 1568

approval and final approval. 1569

(aa) An existing-system inspection or evaluation and 1570

assessment, or a modification, replacement, or upgrade of an 1571

onsite sewage treatment and disposal system is not required for 1572

a remodeling addition or modification to a single-family home if 1573

a bedroom is not added. However, a remodeling addition or 1574

modification to a single-family home may not cover any part of 1575

the existing system or encroach upon a required setback or the 1576

unobstructed area. To determine if a setback or the unobstructed 1577

area is impacted, the local health department shall review and 1578

verify a floor plan and site plan of the proposed remodeling 1579

addition or modification to the home submitted by a remodeler 1580

which shows the location of the system, including the distance 1581

of the remodeling addition or modification to the home from the 1582

onsite sewage treatment and disposal system. The local health 1583

department may visit the site or otherwise determine the best 1584

means of verifying the information submitted. A verification of 1585

the location of a system is not an inspection or evaluation and 1586

assessment of the system. The review and verification must be 1587

completed within 7 business days after receipt by the local 1588

health department of a floor plan and site plan. If the review 1589

and verification is not completed within such time, the 1590

remodeling addition or modification to the single-family home, 1591

for the purposes of this paragraph, is approved. 1592

Section 18. Paragraph (d) of subsection (7) and subsections 1593

(8) and (9) of section 381.00651, Florida Statutes, are amended 1594

to read: 1595


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381.00651 Periodic evaluation and assessment of onsite 1596

sewage treatment and disposal systems.— 1597

(7) The following procedures shall be used for conducting 1598

evaluations: 1599

(d) Assessment procedure.—All evaluation procedures used by 1600

a qualified contractor shall be documented in the environmental 1601

health database of the department of Health. The qualified 1602

contractor shall provide a copy of a written, signed evaluation 1603

report to the property owner upon completion of the evaluation 1604

and to the county health department within 30 days after the 1605

evaluation. The report must shall contain the name and license 1606

number of the company providing the report. A copy of the 1607

evaluation report shall be retained by the local county health 1608

department for a minimum of 5 years and until a subsequent 1609

inspection report is filed. The front cover of the report must 1610

identify any system failure and include a clear and conspicuous 1611

notice to the owner that the owner has a right to have any 1612

remediation of the failure performed by a qualified contractor 1613

other than the contractor performing the evaluation. The report 1614

must further identify any crack, leak, improper fit, or other 1615

defect in the tank, manhole, or lid, and any other damaged or 1616

missing component; any sewage or effluent visible on the ground 1617

or discharging to a ditch or other surface water body; any 1618

downspout, stormwater, or other source of water directed onto or 1619

toward the system; and any other maintenance need or condition 1620

of the system at the time of the evaluation which, in the 1621

opinion of the qualified contractor, would possibly interfere 1622

with or restrict any future repair or modification to the 1623

existing system. The report shall conclude with an overall 1624


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assessment of the fundamental operational condition of the 1625

system. 1626

(8) The county health department, in coordination with the 1627

department, shall administer any evaluation program on behalf of 1628

a county, or a municipality within the county, that has adopted 1629

an evaluation program pursuant to this section. In order to 1630

administer the evaluation program, the county or municipality, 1631

in consultation with the county health department, may develop a 1632

reasonable fee schedule to be used solely to pay for the costs 1633

of administering the evaluation program. Such a fee schedule 1634

shall be identified in the ordinance that adopts the evaluation 1635

program. When arriving at a reasonable fee schedule, the 1636

estimated annual revenues to be derived from fees may not exceed 1637

reasonable estimated annual costs of the program. Fees shall be 1638

assessed to the system owner during an inspection and separately 1639

identified on the invoice of the qualified contractor. Fees 1640

shall be remitted by the qualified contractor to the county 1641

health department. The county health department’s administrative 1642

responsibilities include the following: 1643

(a) Providing a notice to the system owner at least 60 days 1644

before the system is due for an evaluation. The notice may 1645

include information on the proper maintenance of onsite sewage 1646


(b) In consultation with the department of Health, 1648

providing uniform disciplinary procedures and penalties for 1649

qualified contractors who do not comply with the requirements of 1650

the adopted ordinance, including, but not limited to, failure to 1651

provide the evaluation report as required in this subsection to 1652

the system owner and the county health department. Only the 1653


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county health department may assess penalties against system 1654

owners for failure to comply with the adopted ordinance, 1655

consistent with existing requirements of law. 1656

(9)(a) A county or municipality that adopts an onsite 1657

sewage treatment and disposal system evaluation and assessment 1658

program pursuant to this section shall notify the Secretary of 1659

Environmental Protection, the Department of Health, and the 1660

applicable county health department upon the adoption of its 1661

ordinance establishing the program. 1662

(b) Upon receipt of the notice under paragraph (a), the 1663

department of Environmental Protection shall, within existing 1664

resources, notify the county or municipality of the potential 1665

use of, and access to, program funds under the Clean Water State 1666

Revolving Fund or s. 319 of the Clean Water Act, provide 1667

guidance in the application process to receive such moneys, and 1668

provide advice and technical assistance to the county or 1669

municipality on how to establish a low-interest revolving loan 1670

program or how to model a revolving loan program after the low-1671

interest loan program of the Clean Water State Revolving Fund. 1672

This paragraph does not obligate the department of Environmental 1673

Protection to provide any county or municipality with money to 1674

fund such programs. 1675

(c) The department of Health may not adopt any rule that 1676

alters the provisions of this section. 1677

(d) The department of Health must allow county health 1678

departments and qualified contractors access to the 1679

environmental health database to track relevant information and 1680

assimilate data from assessment and evaluation reports of the 1681

overall condition of onsite sewage treatment and disposal 1682


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systems. The environmental health database must be used by 1683

contractors to report each service and evaluation event and by a 1684

county health department to notify owners of onsite sewage 1685

treatment and disposal systems when evaluations are due. Data 1686

and information must be recorded and updated as service and 1687

evaluations are conducted and reported. 1688



381.0068 Technical review and advisory panel.— 1691

(1) The Department of Environmental Protection Health shall 1692

establish and staff a technical review and advisory panel to 1693

assist the department with rule adoption. 1694



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An act relating to water quality improvements; 2

providing a short title; transferring the onsite 3

sewage program of the Department of Health to the 4

Department of Environmental Protection by a type two 5

transfer; amending s. 373.807, F.S.; revising the 6

requirements for a basin management action plan for an 7

Outstanding Florida Spring; prohibiting a local 8

government from approving building permits within the 9

plan area under certain circumstances; providing 10

penalties; requiring the Department of Environmental 11

Protection, in consultation with the Department of 12

Agriculture and Consumer Services, to develop an 13

agricultural remediation plan as part of each basin 14

management action plan under certain circumstances; 15

requiring such plans to be adopted by a specified 16

date; creating s. 381.00661, F.S.; establishing a 17

wastewater grant program within the Department of 18

Environmental Protection; authorizing the department 19

to distribute appropriated funds for certain projects; 20

providing requirements for the distribution; requiring 21

the department to coordinate with each water 22

management district to identify grant recipients; 23

requiring an annual report to the Governor and the 24

Legislature by a specified date; amending s. 403.067, 25

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F.S.; revising requirements for a basin management 26

action plan; requiring estimated nutrient load 27

reductions in such plans to exceed a specified amount; 28

requiring each local government to develop a 29

wastewater treatment plan that meets certain 30

requirements; prohibiting a local government that does 31

not meet certain requirements relating to wastewater 32

treatment plant project plans or onsite sewage 33

treatment and disposal system remediation plans from 34

approving any building permits within a specified 35

timeframe; prohibiting the department from approving 36

any onsite sewage treatment and disposal system within 37

such an area for a specified timeframe; providing 38

penalties; defining the term "onsite sewage treatment 39

and disposal system"; requiring a local government to 40

create an onsite sewage treatment and disposal system 41

remediation plan as part of the basin management 42

action plan under certain circumstances; providing 43

requirements for such plan; providing requirements for 44

a restoration plan for certain water bodies; creating 45

s. 403.0771, F.S.; requiring a wastewater treatment 46

plant to notify customers of unlawful discharges of 47

raw or partially treated sewage into any waterway or 48

aquifer within a specified timeframe; prohibiting a 49

local government that owns such a plant from approving 50

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any building permits within a specified timeframe; 51

prohibiting the department from approving any onsite 52

sewage treatment and disposal system within such an 53

area for a specified timeframe; providing penalties; 54

amending s. 403.086, F.S.; prohibiting facilities for 55

sanitary sewage disposal from disposing of any waste 56

in the Indian River Lagoon without first providing 57

advanced waste treatment; amending s. 403.9337, F.S.; 58

providing penalties for a local government that fails 59

to adopt, enact, and implement a specified ordinance; 60

requiring the department to revise the basin 61

management action plan for Indian River Lagoon and 62

other specified basin management action plans by a 63

specified date; authorizing the department to grant an 64

extension to a local government upon a showing of good 65

cause; amending ss. 153.54, 153.73, 163.3180, 373.811, 66

381.006, 381.0061, 381.0064, 381.0065, 381.00651, and 67

381.0068, F.S.; conforming provisions and cross-68

references to changes made by the act; providing 69

effective dates. 70

71


73

Section 1. This act may be cited as the "Clean Waterways 74

Act." 75

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Section 2. All powers, duties, functions, records, 76

offices, personnel, associated administrative support positions, 77

property, pending issues, existing contracts, administrative 78

authority, administrative rules, and unexpended balances of 79

appropriations, allocations, and other funds for the regulation 80

of onsite sewage treatment and disposal systems and relating to 81

the onsite sewage program of the Department of Health are 82

transferred by a type two transfer, as defined in s. 20.06(2), 83

Florida Statutes, to the Department of Environmental Protection. 84


to read: 86

373.807 Protection of water quality in Outstanding Florida 87

Springs.—By July 1, 2016, the department shall initiate 88

assessment, pursuant to s. 403.067(3), of Outstanding Florida 89

Springs or spring systems for which an impairment determination 90

has not been made under the numeric nutrient standards in effect 91

for spring vents. Assessments must be completed by July 1, 2018. 92

(1)(a) Concurrent with the adoption of a nutrient total 93

maximum daily load for an Outstanding Florida Spring, the 94

department, or the department in conjunction with a water 95

management district, shall initiate development of a basin 96

management action plan, as specified in s. 403.067. For an 97

Outstanding Florida Spring with a nutrient total maximum daily 98

load adopted before July 1, 2016, the department, or the 99

department in conjunction with a water management district, 100

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shall initiate development of a basin management action plan by 101

July 1, 2016. During the development of a basin management 102

action plan, if the department identifies onsite sewage 103

treatment and disposal systems as contributors of at least 20 104

percent of nonpoint source nutrient nitrogen pollution or if the 105


total maximum daily load, the basin management action plan shall 107

include an onsite sewage treatment and disposal system 108

remediation plan pursuant to s. 403.067(7)(e) subsection (3) for 109

those systems identified as requiring remediation. 110

(b) A basin management action plan for an Outstanding 111

Florida Spring shall be adopted within 2 years after its 112

initiation and must include, at a minimum: 113

1. A list of all specific projects and programs identified 114

to implement a nutrient total maximum daily load; 115

2. A list of all specific projects identified in any 116

incorporated onsite sewage treatment and disposal system 117

remediation plan, if applicable; 118

3. A priority rank for each listed project. The priority 119

ranking shall be based on the estimated reduction in nutrient 120

load per project, project readiness, cost effectiveness, overall 121

environmental benefit, location within the plan area, local 122

matching funds, and water savings or quantity improvements; 123

4. For each listed project, a planning level cost 124

estimate, and the estimated date of completion, and a plan 125

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submitted by each local government within the plan area and 126

approved by the department for each wastewater treatment plant 127

project as specified in s. 403.067(7)(d) and onsite sewage 128

treatment and disposal system remediation plan as specified in 129

s. 403.067(7)(e). Each plan must include deadlines and is 130

subject to penalties required under s. 403.067; 131

5. The source and amount of financial assistance to be 132

made available by the department, a water management district, 133

or other entity for each listed project; 134

6. An estimate of each listed project's nutrient load 135

reduction; 136

7. Identification of each point source or category of 137




treatment plants facilities, animal wastes, and stormwater 141

facilities. An estimated allocation of the pollutant load must 142

be provided for each point source or category of nonpoint 143

sources; and 144

8. An implementation plan designed with a target to 145

achieve the nutrient total maximum daily load no more than 20 146

years after the adoption of a basin management action plan. 147

148


action plan developed pursuant to this paragraph must exceed the 150

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total amount of nutrient load reductions needed to meet the 151

total maximum daily load required under the plan. The department 152

shall develop a schedule establishing 5-year, 10-year, and 15-153

year targets for achieving the nutrient total maximum daily 154

load. The schedule shall be used to provide guidance for 155

planning and funding purposes and is exempt from chapter 120. 156

(c) For a basin management action plan adopted before July 157

1, 2016, which addresses an Outstanding Florida Spring, the 158

department or the department in conjunction with a water 159

management district must revise the plan if necessary to comply 160

with this section by July 1, 2018. 161

(d) A local government may apply to the department for a 162

single extension of up to 5 years for any project in an adopted 163

basin management action plan. A local government in a rural area 164

of opportunity, as defined in s. 288.0656, may apply for a 165

single extension of up to 10 years for such a project. The 166

department may grant the extension if the local government 167

provides to the department sufficient evidence that an extension 168

is in the best interest of the public. 169

(2) By July 1, 2020 2017, each local government, as 170

defined in s. 373.802(2), that has not adopted an ordinance 171

pursuant to s. 403.9337, shall develop, enact, and implement an 172

ordinance pursuant to that section. It is the intent of the 173

Legislature that ordinances required to be adopted under this 174

subsection reflect the latest scientific information, 175

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advancements, and technological improvements in the industry. A 176

local government that fails to adopt, enact, and implement this 177

ordinance is subject to a daily fine as provided in ss. 403.121, 178

403.141, and 403.161 and may not approve any building permits 179

within the plan area until such time as the ordinance has been 180

adopted, enacted, and implemented. 181

(3) As part of each basin management action plan that 182

includes an Outstanding Florida Spring, the department, in 183

coordination with the Department of Agriculture and Consumer 184

Services, shall develop an agricultural remediation plan if the 185

department determines that agricultural nonpoint sources, 186

including, but not limited to, fertilizer and animal wastes, 187

contribute at least 20 percent of nonpoint source nutrient 188

pollution. The plan must identify cost-effective and financially 189

feasible projects, including, if applicable, advanced best 190

management practices and land acquisition projects, including 191

conservation easements, to reduce the nutrient impacts from 192

agricultural operations. The department is the lead agency in 193

coordinating the preparation of and the adoption of the plan. 194

The Department of Agriculture and Consumer Services is the lead 195

agency in developing and adopting advanced best management 196

practices capable of achieving the total maximum daily load and 197

shall develop and adopt such practices for incorporation into 198

the plan. The plan must be adopted as part of the basin 199

management action plan by July 1, 2021. 200

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(3) As part of a basin management action plan that 201

includes an Outstanding Florida Spring, the department, the 202

Department of Health, relevant local governments, and relevant 203

local public and private wastewater utilities shall develop an 204

onsite sewage treatment and disposal system remediation plan for 205

a spring if the department determines onsite sewage treatment 206

and disposal systems within a priority focus area contribute at 207

least 20 percent of nonpoint source nitrogen pollution or if the 208


total maximum daily load. The plan shall identify cost-effective 210



systems and shall be completed and adopted as part of the basin 213

management action plan no later than the first 5-year milestone 214

required by subparagraph (1)(b)8. The department is the lead 215

agency in coordinating the preparation of and the adoption of 216

the plan. The department shall: 217

(a) Collect and evaluate credible scientific information 218

on the effect of nutrients, particularly forms of nitrogen, on 219

springs and springs systems; and 220

(b) Develop a public education plan to provide area 221

residents with reliable, understandable information about onsite 222

sewage treatment and disposal systems and springs. 223

224

In addition to the requirements in s. 403.067, the plan shall 225

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include options for repair, upgrade, replacement, drainfield 226


connection to a central sewerage system, or other action for an 228

onsite sewage treatment and disposal system or group of systems 229

within a priority focus area that contribute at least 20 percent 230

of nonpoint source nitrogen pollution or if the department 231

determines remediation is necessary to achieve a total maximum 232

daily load. For these systems, the department shall include in 233

the plan a priority ranking for each system or group of systems 234

that requires remediation and shall award funds to implement the 235

remediation projects contingent on an appropriation in the 236

General Appropriations Act, which may include all or part of the 237

costs necessary for repair, upgrade, replacement, drainfield 238


initial connection to a central sewerage system, or other 240

action. In awarding funds, the department may consider expected 241

nutrient reduction benefit per unit cost, size and scope of 242

project, relative local financial contribution to the project, 243

and the financial impact on property owners and the community. 244

The department may waive matching funding requirements for 245



(4) The department shall provide notice to a local 248

government of all permit applicants under s. 403.814(12) in a 249

priority focus area of an Outstanding Florida Spring over which 250

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the local government has full or partial jurisdiction. 251


to read: 253

381.00661 Wastewater grant program.—A wastewater grant 254

program is established within the Department of Environmental 255

Protection. 256

(1) Subject to appropriation, the department may provide 257

grants for projects that will individually or collectively 258

reduce excess nutrient pollution for projects within a basin 259

management action plan or an alternative restoration plan 260

adopted by final order for all of the following: 261

(a) Projects to retrofit onsite sewage treatment and 262


(b) Projects to construct, upgrade, or expand facilities 264

to provide advanced waste treatment, as defined in ss. 265

403.086(4). 266

(c) Projects to connect onsite sewage treatment and 267

disposal systems to central sewer facilities. 268

(2) In making an allocation of such funds, priority shall 269

be given for projects that subsidize the connection of onsite 270

sewage treatment and disposal systems to a wastewater treatment 271

plant or that subsidize inspections and assessments of onsite 272


(3) Each grant for a project described in subsection (1) 274

must require a minimum of 50 percent local matching funds. 275

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However, the department may, at its discretion, totally or 276

partially waive this consideration of the local contribution for 277



(4) The department shall coordinate with each water 280

management district, as necessary, to identify grant recipients 281

in each district. 282

(5) Beginning January 1, 2020, and each January 1 283

thereafter, the department shall submit a report regarding the 284

projects funded pursuant to this section to the Governor, the 285

President of the Senate, and the Speaker of the House of 286

Representatives. 287

Section 5. Present paragraph (d) of subsection (7) of 288

section 403.067, Florida Statutes, is redesignated as paragraph 289

(f), a new paragraph (d) and paragraphs (e) and (g) are added to 290

that subsection, and paragraph (a) of that subsection is 291

amended, to read: 292

403.067 Establishment and implementation of total maximum 293

daily loads.— 294

(7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 295

IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 296

(a) Basin management action plans.— 297

1. In developing and implementing the total maximum daily 298

load for a water body, the department, or the department in 299

conjunction with a water management district, may develop a 300

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basin management action plan that addresses some or all of the 301

watersheds and basins tributary to the water body. Such plan 302

must integrate the appropriate management strategies available 303

to the state through existing water quality protection programs 304

to achieve the total maximum daily loads and may provide for 305

phased implementation of these management strategies to promote 306

timely, cost-effective actions as provided for in s. 403.151. 307

The plan must establish a schedule implementing the management 308

strategies, provide detailed information for improvement 309

projects including descriptions and timelines for completion, 310

establish a basis for evaluating the plan's effectiveness, and 311

identify feasible funding strategies for implementing the plan's 312

management strategies. The management strategies may include 313

regional treatment systems or other public works, where 314

appropriate, and voluntary trading of water quality credits to 315

achieve the needed pollutant load reductions. 316

2. A basin management action plan must equitably allocate, 317

pursuant to paragraph (6)(b), pollutant reductions to individual 318

basins, as a whole to all basins, or to each identified point 319

source or category of nonpoint sources, as appropriate. For 320

nonpoint sources for which best management practices have been 321

adopted, the initial requirement specified by the plan must be 322

those practices developed pursuant to paragraph (c). Where 323

appropriate, the plan may take into account the benefits of 324

pollutant load reduction achieved by point or nonpoint sources 325

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that have implemented management strategies to reduce pollutant 326

loads, including best management practices, before the 327

development of the basin management action plan. The plan must 328

also identify the mechanisms that will address potential future 329

increases in pollutant loading. 330

3. The basin management action planning process is 331

intended to involve the broadest possible range of interested 332

parties, with the objective of encouraging the greatest amount 333

of cooperation and consensus possible. In developing a basin 334

management action plan, the department shall assure that key 335

stakeholders, including, but not limited to, applicable local 336

governments, water management districts, the Department of 337

Agriculture and Consumer Services, other appropriate state 338

agencies, local soil and water conservation districts, 339

environmental groups, regulated interests, and affected 340

pollution sources, are invited to participate in the process. 341

The department shall hold at least one public meeting in the 342

vicinity of the watershed or basin to discuss and receive 343

comments during the planning process and shall otherwise 344

encourage public participation to the greatest practicable 345

extent. Notice of the public meeting must be published in a 346

newspaper of general circulation in each county in which the 347

watershed or basin lies not less than 5 days nor more than 15 348

days before the public meeting. A basin management action plan 349

does not supplant or otherwise alter any assessment made under 350

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subsection (3) or subsection (4) or any calculation or initial 351

allocation. 352

4. Each new or revised basin management action plan shall 353

include: 354

a. The appropriate management strategies available through 355

existing water quality protection programs to achieve total 356

maximum daily loads, which may provide for phased implementation 357

to promote timely, cost-effective actions as provided for in s. 358

403.151; 359

b. A description of best management practices adopted by 360

rule; 361

c. A list of projects in priority ranking with a planning-362

level cost estimate and estimated date of completion for each 363

listed project. The priority ranking shall be based on the 364

estimated reduction in nutrient load per project, project 365

readiness, cost effectiveness, overall environmental benefit, 366

location within the plan area, local matching funds, and water 367

savings or quantity improvements; 368

d. The source and amount of financial assistance to be 369

made available by the department, a water management district, 370

or other entity for each listed project, if applicable; and 371

e. A planning-level estimate of each listed project's 372

expected nutrient load reduction, if applicable; and 373

f. Identification of each point source or category of 374


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treatment plants, animal wastes, and stormwater facilities. An 378

estimated allocation of the pollutant load must be provided for 379

each point source or category of nonpoint sources. 380

381


action plan developed pursuant to this subparagraph must exceed 383

the total amount of nutrient load reductions needed to meet the 384

total maximum daily load required under the plan. 385

5. The department shall adopt all or any part of a basin 386

management action plan and any amendment to such plan by 387

secretarial order pursuant to chapter 120 to implement the 388


6. The basin management action plan must include 390

milestones for implementation and water quality improvement, and 391

an associated water quality monitoring component sufficient to 392

evaluate whether reasonable progress in pollutant load 393

reductions is being achieved over time. An assessment of 394

progress toward these milestones shall be conducted every 5 395

years, and revisions to the plan shall be made as appropriate. 396

Revisions to the basin management action plan shall be made by 397

the department in cooperation with basin stakeholders. Revisions 398

to the management strategies required for nonpoint sources must 399

follow the procedures set forth in subparagraph (c)4. Revised 400

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basin management action plans must be adopted pursuant to 401

subparagraph 5. 402

7. In accordance with procedures adopted by rule under 403

paragraph (9)(c), basin management action plans, and other 404

pollution control programs under local, state, or federal 405

authority as provided in subsection (4), may allow point or 406

nonpoint sources that will achieve greater pollutant reductions 407

than required by an adopted total maximum daily load or 408

wasteload allocation to generate, register, and trade water 409

quality credits for the excess reductions to enable other 410

sources to achieve their allocation; however, the generation of 411

water quality credits does not remove the obligation of a source 412

or activity to meet applicable technology requirements or 413

adopted best management practices. Such plans must allow trading 414

between NPDES permittees, and trading that may or may not 415

involve NPDES permittees, where the generation or use of the 416

credits involve an entity or activity not subject to department 417

water discharge permits whose owner voluntarily elects to obtain 418

department authorization for the generation and sale of credits. 419

8. The provisions of the department's rule relating to the 420

equitable abatement of pollutants into surface waters do not 421

apply to water bodies or water body segments for which a basin 422

management plan that takes into account future new or expanded 423

activities or discharges has been adopted under this section. 424

(d) Wastewater treatment plan.— 425

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1. As part of a basin management action plan, each local 426


local public and private wastewater utilities, shall develop a 428

plan to implement improvements that provide, at a minimum, 429

advanced waste treatment, as defined in s. 403.086(4). The plan 430

must provide for construction, expansion, or upgrades necessary 431

to achieve a total maximum daily load, consistent with an onsite 432

sewage treatment and disposal system remediation plan under 433

paragraph (e). 434

2. Each owner or operator of an existing wastewater 435

treatment plant shall provide certain information for each plant 436

that has a plan to implement upgrades that meet or exceed 437

advanced waste treatment, as defined in s. 403.086(4). This 438

information must include the following as it relates to existing 439

conditions and estimated conditions after upgrades are 440

implemented: 441

a. The permitted capacity of the plant, in gallons per 442

day; 443

b. The average nutrient concentration; and 444

c. The estimated average nutrient load. 445

3.a. The local government shall submit to the department 446

for approval a detailed plan, which includes: 447

(I) The timeline of dates required for the commencement of 448



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(II) A detailed planning and design report setting forth 451

the plan for construction of improvements and operations; and 452

(III) A certification that the local government, in 453


implementing upgrades and method of financing or funding 455

construction and operation. 456

b. The department may amend the plan and shall approve a 457


request by a local government. An existing wastewater treatment 459

plant must also incorporate the plan into its next NPDES permit 460

renewal. 461

c. Each new wastewater treatment plant located within the 462

plan area shall comply with the requirements and approved dates 463

in the basin management action plan. Each existing wastewater 464

treatment plant located within the plan area shall comply with 465

the requirements and approved dates in the basin management 466

action plan no later than the next 5-year renewal date of the 467

NPDES permit. Upon a showing of good cause, the department may 468

grant an extension of time to the local government to reach 469

compliance with the schedule. 470

d. If the deadlines for the initiation of construction of 471

improvements, completion of construction, and commencement of 472

operations which were approved pursuant to this subparagraph are 473

not satisfied, each local government with a wastewater treatment 474

plant that does not meet the requirements in this subparagraph 475

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may not approve any building permits within the plan area, and 476

the department may not approve any onsite sewage treatment and 477

disposal systems in the plan area where the wastewater treatment 478

plant is located until such time as the plant is brought into 479

compliance. In addition, the department shall, unless good cause 480


403.161 until such time as the plant is brought into compliance. 482

The department may reduce penalties based on expenditures for 483

improvements and upgrades to the wastewater treatment plant. 484

(e) Onsite sewage treatment and disposal systems.— 485

1. For purposes of this paragraph, the term "onsite sewage 486

treatment and disposal system" has the same meaning as in s. 487

381.0065. 488

2.a. As part of a basin management action plan, each local 489


local public and private wastewater utilities, shall develop an 491

onsite sewage treatment and disposal system remediation plan if 492

the department identifies onsite sewage treatment and disposal 493

systems as contributors of at least 20 percent of nonpoint 494

source nutrient pollution or if the department determines that 495

remediation is necessary to achieve a total maximum daily load. 496

In order to promote cost-effective remediation, the department 497

may identify one or more priority focus areas. The department 498

shall identify these areas by considering soil conditions; 499

groundwater or surface water travel time; proximity to surface 500

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waters, including predominantly marine waters as defined by 501

department rule; hydrogeology; onsite system density; nutrient 502

load; and other factors that may lead to water quality 503

degradation. The remediation plan must identify cost-effective 504



systems. The plan shall be completed and adopted as part of the 507

basin management action plan no later than the first 5-year 508

milestone assessment identified in subparagraph (a)6. or as 509

required in s. 373.807(1)(b)8., for Outstanding Florida Springs. 510

The department is responsible for timely approval and adoption 511

of the plan. For basin management action plans not governed by 512

part VIII of chapter 373, a priority focus area means the area 513

or areas of a basin where the groundwater is generally most 514

vulnerable to pollutant inputs where there is a known 515

connectivity between groundwater pathways and an impaired water 516

body, as determined by the department in consultation with the 517

appropriate water management districts and delineated in a basin 518


b.(I) Each local government within the plan area, or the 520

local government's designee, shall prepare a plan, by the first 521

5-year milestone assessment required under subparagraph (a)6., 522

or as required in s. 373.807(1)(b)8. for Outstanding Florida 523

Springs, for its jurisdiction that provides for either 524

connecting each onsite sewage treatment and disposal system to a 525

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central wastewater treatment plant or replacing the current 526

system with a new system where the discharge meets current water 527

quality standards and which has a discharge monitoring system. 528

The local government shall submit to the department for 529

approval, a detailed plan, which includes: 530

(A) The timeline of dates required for the commencement of 531



(B) A detailed planning and design report setting forth 534

the plan for construction of improvements and operations; 535

(C) A certification that the local government, in 536


remediation and method of financing or funding construction and 538

operation. 539

(II) The department may amend the plan and shall approve a 540


request by a local government. Upon a showing of good cause, the 542

department may grant an extension of time to reach compliance 543

with the schedule. 544

(III) If the deadlines for the initiation of construction 545

of improvements, completion of construction, and commencement of 546

operations that were approved pursuant to this subsection are 547

not satisfied, the local government may not approve any building 548

permits within the plan area, and the department may not approve 549

any onsite sewage treatment and disposal system within the plan 550

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area until the actions in the remediation plan have been 551

completed. In addition, the department shall, unless good cause 552


403.161 until the actions in the remediation plan have been 554

completed. The department may reduce penalties based on 555

expenditures designed to achieve compliance with the remediation 556

plan. 557

c. In developing and adopting the plan, the department 558

shall: 559

(I) Collect and evaluate credible scientific information on 560

the effect of nutrients on surface waters and groundwater; 561

(II) Work with local stakeholders to develop a public 562

education plan to provide area residents with reliable, 563

understandable information about onsite sewage treatment and 564

disposal systems and surface and groundwater pollution; 565

(III) In addition to sub-subparagraph 2.b., the department 566

may include in the plan, if appropriate, options for system 567

repair, upgrade, or replacement; drainfield modification; the 568

addition of effective nutrient-reducing features; or other 569

actions addressing onsite sewage treatment and disposal system 570

issues. The department shall include in the plan a priority 571

ranking for each onsite system, or group of systems, that 572

requires remediation. The priority ranking shall be used to 573

ensure the most effective, efficient use of the funding provided 574

for onsite system remediation. In awarding any such funds, the 575

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department may consider expected nutrient reduction benefit per 576

unit cost, the size and scope of the project, local financial 577

contribution to the project relative to the overall cost, and the 578

financial impact on property owners and the community. For the 579

purpose of awarding funds, the department may, at its discretion, 580

totally or partially waive this consideration of the local 581

contribution for proposed projects within an area designated as a 582

rural area of opportunity under s. 288.0656; and 583

(IV) The installation, repair, modification, or upgrade of 584

onsite sewage treatment and disposal systems on lots of 1 acre or 585

less and within the boundaries of a basin management action plan 586

with an onsite sewage treatment and disposal remediation plan 587

must conform to the requirements of the remediation plan. 588

(g) Alternative restoration plan.— 589

1. To demonstrate that the department can forgo placing a 590

water body on the verified impaired water bodies list and 591

establishing a total maximum daily load, the restoration plan 592

for a water body must establish: 593

a. The implementation of best management practices or 594

monitoring for nonpoint sources of pollution; 595

b. The implementation of a septic remediation plan where 596

such remediation is necessary to restore the water body; and 597

c. Adoption of alternative waste treatment levels for 598

wastewater treatment plants. 599

2. In addition, the restoration plan must include any 600

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other pollution control mechanisms that are being implemented to 601

demonstrate a reasonable assurance that existing or proposed 602

pollution control mechanisms or programs will effectively 603

address the impairment. Upon adoption of such a restoration 604

plan, the requirement that best management practices or 605

monitoring be conducted within the watershed impacting the water 606

body is enforceable pursuant to this section and ss. 403.121, 607

403.141, and 403.161. 608


to read: 610

403.0771 Sewage spill notification; moratorium.— 611

(1) In addition to the public notification requirements of 612

s. 403.077, a wastewater treatment plant that unlawfully 613

discharges raw or partially treated sewage into any waterway or 614

aquifer must, within 24 hours after discovering the discharge, 615

notify its customers that the discharge has occurred. 616

(2) If a wastewater treatment plant owned by a local 617

government unlawfully discharges raw or partially treated sewage 618

into any waterway or aquifer, the local government may not 619

approve any building permits and the department may not approve 620

any onsite sewage treatment and disposal system in the local 621

government's jurisdiction until any required maintenance, 622

repair, or improvement has been implemented to reduce or 623

eliminate sanitary sewage overflows, as determined by the 624

department. In addition, the department shall assess a daily 625

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penalty pursuant to ss. 403.121, 403.141, and 403.161 until the 626

required maintenance, repair, or improvement has been 627

implemented. The department may reduce a penalty based on the 628

wastewater treatment plant's investment in assessment and 629

maintenance activities to identify and address conditions that 630

may cause sanitary sewage overflows. 631

Section 7. Effective July 1, 2024, paragraph (c) of 632

subsection (1) of section 403.086, Florida Statutes, is amended 633

to read: 634

403.086 Sewage disposal facilities; advanced and secondary 635

waste treatment.— 636

(1) 637

(c) Notwithstanding any other provisions of this chapter 638

or chapter 373, facilities for sanitary sewage disposal may not 639

dispose of any wastes into Old Tampa Bay, Tampa Bay, 640

Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater 641

Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay, 642

or Charlotte Harbor Bay, Indian River Lagoon, or into any river, 643

stream, channel, canal, bay, bayou, sound, or other water 644

tributary thereto, without providing advanced waste treatment, 645

as defined in subsection (4), approved by the department. This 646

paragraph shall not apply to facilities which were permitted by 647

February 1, 1987, and which discharge secondary treated 648

effluent, followed by water hyacinth treatment, to tributaries 649

of tributaries of the named waters; or to facilities permitted 650

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to discharge to the nontidally influenced portions of the Peace 651

River. 652




403.9337 Model Ordinance for Florida-Friendly Fertilizer 656

Use on Urban Landscapes.— 657

(4) A local government that fails to adopt, enact, and 658

implement an ordinance pursuant to this section is subject to a 659

daily fine as provided in ss. 403.121, 403.141, and 403.161 and 660

may not approve any building permits until the ordinance has 661

been adopted, enacted, and implemented. 662

Section 9. (1) The Department of Environmental Protection 663

shall revise the basin management action plans for Indian River 664

Lagoon and the basin management action plans that were adopted 665

pursuant to s. 373.807, Florida Statutes, and approved by the 666




action plans made pursuant to this act must be completed by July 670

1, 2020. The department may grant an extension, upon a showing 671

of good cause, to a local government on the deadlines for its 672

wastewater treatment plan project or onsite sewage treatment and 673

disposal system remediation plans submitted as part of a basin 674


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(2) The department shall revise all basin management 676

action plans not included under subsection (1), but adopted 677

pursuant to s. 403.067(7), Florida Statutes, and approved by the 678




action plans made pursuant to this act must be completed by the 682

next required 5-year milestone assessment for those revisions 683

scheduled for on or after July 1, 2020. The department may grant 684

an extension, upon a showing of good cause, to a local 685

government on the deadlines for its wastewater treatment plan 686

project or onsite sewage treatment and disposal system 687

remediation plans submitted as part of a basin management action 688

plan. 689



153.54 Preliminary report by county commissioners with 692

respect to creation of proposed district.—Upon receipt of a 693

petition duly signed by not less than 25 qualified electors who 694

are also freeholders residing within an area proposed to be 695

incorporated into a water and sewer district pursuant to this 696

law and describing in general terms the proposed boundaries of 697

such proposed district, the board of county commissioners if it 698

shall deem it necessary and advisable to create and establish 699

such proposed district for the purpose of constructing, 700

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establishing or acquiring a water system or a sewer system or 701

both in and for such district (herein called "improvements"), 702

shall first cause a preliminary report to be made which such 703

report together with any other relevant or pertinent matters, 704

shall include at least the following: 705

(5) For the construction of a new proposed sewerage system 706













local authority's obligations or reasonably anticipated 719






725

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Such report shall be filed in the office of the clerk of the 726

circuit court and shall be open for the inspection of any 727

taxpayer, property owner, qualified elector or any other 728

interested or affected person. 729



153.73 Assessable improvements; levy and payment of 732

special assessments.—Any district may provide for the 733

construction or reconstruction of assessable improvements as 734

defined in s. 153.52, and for the levying of special assessments 735

upon benefited property for the payment thereof, under the 736


(2) 738

(c) For the construction of a new proposed sewerage system 739












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local authority's obligations or reasonably anticipated 752








163.3180 Concurrency.— 760

(2) Consistent with public health and safety, sanitary 761

sewer, solid waste, drainage, adequate water supplies, and 762

potable water facilities shall be in place and available to 763

serve new development no later than the issuance by the local 764


equivalent. Prior to approval of a building permit or its 766

functional equivalent, the local government shall consult with 767

the applicable water supplier to determine whether adequate 768

water supplies to serve the new development will be available no 769

later than the anticipated date of issuance by the local 770


equivalent. A local government may meet the concurrency 772

requirement for sanitary sewer through the use of onsite sewage 773

treatment and disposal systems approved by the Department of 774

Environmental Protection Health to serve new development. 775

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373.811 Prohibited activities within a priority focus 778

area.—The following activities are prohibited within a priority 779

focus area in effect for an Outstanding Florida Spring: 780

(2) New onsite sewage treatment and disposal systems on 781

lots of less than 1 acre, if the addition of the specific 782

systems conflicts with an onsite treatment and disposal system 783

remediation plan incorporated into a basin management action 784

plan in accordance with s. 403.067(7)(e) s. 373.807(3). 785

Section 14. Subsections (7) and (18) of section 381.006, 786


381.006 Environmental health.—The department shall conduct 788

an environmental health program as part of fulfilling the 789

state's public health mission. The purpose of this program is to 790

detect and prevent disease caused by natural and manmade factors 791

in the environment. The environmental health program shall 792

include, but not be limited to: 793

(7) An onsite sewage treatment and disposal function. 794

(18) A food service inspection function for domestic 795

violence centers that are certified by the Department of 796

Children and Families and monitored by the Florida Coalition 797

Against Domestic Violence under part XII of chapter 39 and group 798

care homes as described in subsection (15) (16), which shall be 799

conducted annually and be limited to the requirements in 800

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department rule applicable to community-based residential 801

facilities with five or fewer residents. 802

803

The department may adopt rules to carry out the provisions of 804

this section. 805



381.0061 Administrative fines.— 808

(1) In addition to any administrative action authorized by 809

chapter 120 or by other law, the department may impose a fine, 810

which shall not exceed $500 for each violation, for a violation 811

of s. 381.006(15) s. 381.006(16), s. 381.0065, s. 381.0066, s. 812

381.0072, or part III of chapter 489, for a violation of any 813

rule adopted under this chapter, or for a violation of any of 814

the provisions of chapter 386. Notice of intent to impose such 815

fine shall be given by the department to the alleged violator. 816

Each day that a violation continues may constitute a separate 817

violation. 818



381.0064 Continuing education courses for persons 821

installing or servicing septic tanks.— 822

(1) The Department of Environmental Protection Health 823

shall establish a program for continuing education which meets 824

the purposes of ss. 381.0101 and 489.554 regarding the public 825

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health and environmental effects of onsite sewage treatment and 826

disposal systems and any other matters the department determines 827

desirable for the safe installation and use of onsite sewage 828

treatment and disposal systems. The department may charge a fee 829

to cover the cost of such program. 830

Section 17. Present paragraphs (d) through (q) of 831


redesignated as paragraphs (e) through (r), respectively, a new 833

paragraph (d) is added to that subsection, and subsections (3) 834

and (4) of that section are amended, to read: 835

381.0065 Onsite sewage treatment and disposal systems; 836

regulation.— 837

(2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the 838

term: 839

(d) "Department" means the Department of Environmental 840

Protection. 841

(3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The 842


(a) Adopt rules to administer ss. 381.0065-381.0067, 844

including definitions that are consistent with the definitions 845

in this section, decreases to setback requirements where no 846

health hazard exists, increases for the lot-flow allowance for 847

performance-based systems, requirements for separation from 848

water table elevation during the wettest season, requirements 849

for the design and construction of any component part of an 850

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onsite sewage treatment and disposal system, application and 851

permit requirements for persons who maintain an onsite sewage 852

treatment and disposal system, requirements for maintenance and 853

service agreements for aerobic treatment units and performance-854

based treatment systems, and recommended standards, including 855

disclosure requirements, for voluntary system inspections to be 856

performed by individuals who are authorized by law to perform 857

such inspections and who shall inform a person having ownership, 858

control, or use of an onsite sewage treatment and disposal 859

system of the inspection standards and of that person's 860

authority to request an inspection based on all or part of the 861

standards. 862

(b) Perform application reviews and site evaluations, 863

issue permits, and conduct inspections and complaint 864

investigations associated with the construction, installation, 865

maintenance, modification, abandonment, operation, use, or 866

repair of an onsite sewage treatment and disposal system for a 867

residence or establishment with an estimated domestic sewage 868

flow of 10,000 gallons or less per day, or an estimated 869

commercial sewage flow of 5,000 gallons or less per day, which 870

is not currently regulated under chapter 403. 871

(c) Develop a comprehensive program to ensure that onsite 872

sewage treatment and disposal systems regulated by the 873

department are sized, designed, constructed, installed, 874

repaired, modified, abandoned, used, operated, and maintained in 875

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compliance with this section and rules adopted under this 876

section to prevent groundwater contamination and surface water 877

contamination and to preserve the public health. The department 878

is the final administrative interpretive authority regarding 879

rule interpretation. In the event of a conflict regarding rule 880

interpretation, the State Surgeon General, or his or her 881

designee, shall timely assign a staff person to resolve the 882

dispute. 883

(d) Grant variances in hardship cases under the conditions 884

prescribed in this section and rules adopted under this section. 885

(e) Permit the use of a limited number of innovative 886

systems for a specific period of time, when there is compelling 887

evidence that the system will function properly and reliably to 888

meet the requirements of this section and rules adopted under 889

this section. 890

(f) Issue annual operating permits under this section. 891

(g) Establish and collect fees as established under s. 892

381.0066 for services provided with respect to onsite sewage 893


(h) Conduct enforcement activities, including imposing 895

fines, issuing citations, suspensions, revocations, injunctions, 896

and emergency orders for violations of this section, part I of 897

chapter 386, or part III of chapter 489 or for a violation of 898

any rule adopted under this section, part I of chapter 386, or 899

part III of chapter 489. 900

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(i) Provide or conduct education and training of 901

department personnel, service providers, and the public 902

regarding onsite sewage treatment and disposal systems. 903

(j) Supervise research on, demonstration of, and training 904

on the performance, environmental impact, and public health 905

impact of onsite sewage treatment and disposal systems within 906

this state. Research fees collected under s. 381.0066(2)(k) must 907

be used to develop and fund hands-on training centers designed 908

to provide practical information about onsite sewage treatment 909

and disposal systems to septic tank contractors, master septic 910

tank contractors, contractors, inspectors, engineers, and the 911

public and must also be used to fund research projects which 912

focus on improvements of onsite sewage treatment and disposal 913

systems, including use of performance-based standards and 914

reduction of environmental impact. Research projects shall be 915

initially approved by the technical review and advisory panel 916

and shall be applicable to and reflect the soil conditions 917

specific to Florida. Such projects shall be awarded through 918

competitive negotiation, using the procedures provided in s. 919

287.055, to public or private entities that have experience in 920

onsite sewage treatment and disposal systems in Florida and that 921

are principally located in Florida. Research projects shall not 922

be awarded to firms or entities that employ or are associated 923

with persons who serve on either the technical review and 924

advisory panel or the research review and advisory committee. 925

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(k) Approve the installation of individual graywater 926

disposal systems in which blackwater is treated by a central 927

sewerage system. 928

(l) Regulate and permit the sanitation, handling, 929

treatment, storage, reuse, and disposal of byproducts from any 930

system regulated under this chapter and not regulated by the 931

Department of Environmental Protection. 932

(m) Permit and inspect portable or temporary toilet 933

services and holding tanks. The department shall review 934

applications, perform site evaluations, and issue permits for 935

the temporary use of holding tanks, privies, portable toilet 936

services, or any other toilet facility that is intended for use 937

on a permanent or nonpermanent basis, including facilities 938

placed on construction sites when workers are present. The 939

department may specify standards for the construction, 940

maintenance, use, and operation of any such facility for 941

temporary use. 942

(n) Regulate and permit maintenance entities for 943

performance-based treatment systems and aerobic treatment unit 944

systems. To ensure systems are maintained and operated according 945

to manufacturer's specifications and designs, the department 946

shall establish by rule minimum qualifying criteria for 947

maintenance entities. The criteria shall include: training, 948

access to approved spare parts and components, access to 949

manufacturer's maintenance and operation manuals, and service 950

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response time. The maintenance entity shall employ a contractor 951

licensed under s. 489.105(3)(m), or part III of chapter 489, or 952

a state-licensed wastewater plant operator, who is responsible 953

for maintenance and repair of all systems under contract. 954

(4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may 955

not construct, repair, modify, abandon, or operate an onsite 956

sewage treatment and disposal system without first obtaining a 957

permit approved by the department. The department may issue 958

permits to carry out this section., but shall not make the 959

issuance of such permits contingent upon prior approval by the 960

Department of Environmental Protection, except that The issuance 961

of a permit for work seaward of the coastal construction control 962

line established under s. 161.053 shall be contingent upon 963

receipt of any required coastal construction control line permit 964

from the department of Environmental Protection. A construction 965

permit is valid for 18 months from the issuance date and may be 966

extended by the department for one 90-day period under rules 967

adopted by the department. A repair permit is valid for 90 days 968

from the date of issuance. An operating permit must be obtained 969

before prior to the use of any aerobic treatment unit or if the 970

establishment generates commercial waste. Buildings or 971

establishments that use an aerobic treatment unit or generate 972

commercial waste shall be inspected by the department at least 973

annually to assure compliance with the terms of the operating 974

permit. The operating permit for a commercial wastewater system 975

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is valid for 1 year from the date of issuance and must be 976

renewed annually. The operating permit for an aerobic treatment 977

unit is valid for 2 years from the date of issuance and must be 978

renewed every 2 years. If all information pertaining to the 979

siting, location, and installation conditions or repair of an 980

onsite sewage treatment and disposal system remains the same, a 981

construction or repair permit for the onsite sewage treatment 982

and disposal system may be transferred to another person, if the 983

transferee files, within 60 days after the transfer of 984

ownership, an amended application providing all corrected 985

information and proof of ownership of the property. There is no 986

fee associated with the processing of this supplemental 987

information. A person may not contract to construct, modify, 988

alter, repair, service, abandon, or maintain any portion of an 989

onsite sewage treatment and disposal system without being 990

registered under part III of chapter 489. A property owner who 991

personally performs construction, maintenance, or repairs to a 992

system serving his or her own owner-occupied single-family 993

residence is exempt from registration requirements for 994

performing such construction, maintenance, or repairs on that 995

residence, but is subject to all permitting requirements. A 996

municipality or political subdivision of the state may not issue 997

a building or plumbing permit for any building that requires the 998

use of an onsite sewage treatment and disposal system unless the 999

owner or builder has received a construction permit for such 1000

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system from the department. A building or structure may not be 1001

occupied and a municipality, political subdivision, or any state 1002

or federal agency may not authorize occupancy until the 1003

department approves the final installation of the onsite sewage 1004

treatment and disposal system. A municipality or political 1005

subdivision of the state may not approve any change in occupancy 1006

or tenancy of a building that uses an onsite sewage treatment 1007

and disposal system until the department has reviewed the use of 1008

the system with the proposed change, approved the change, and 1009

amended the operating permit. 1010

(a) Subdivisions and lots in which each lot has a minimum 1011

area of at least one-half acre and either a minimum dimension of 1012

100 feet or a mean of at least 100 feet of the side bordering 1013

the street and the distance formed by a line parallel to the 1014

side bordering the street drawn between the two most distant 1015

points of the remainder of the lot may be developed with a water 1016

system regulated under s. 381.0062 and onsite sewage treatment 1017

and disposal systems, provided the projected daily sewage flow 1018

does not exceed an average of 1,500 gallons per acre per day, 1019

and provided satisfactory drinking water can be obtained and all 1020

distance and setback, soil condition, water table elevation, and 1021

other related requirements of this section and rules adopted 1022

under this section can be met. 1023

(b) Subdivisions and lots using a public water system as 1024

defined in s. 403.852 may use onsite sewage treatment and 1025

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disposal systems, provided there are no more than four lots per 1026

acre, provided the projected daily sewage flow does not exceed 1027

an average of 2,500 gallons per acre per day, and provided that 1028

all distance and setback, soil condition, water table elevation, 1029

and other related requirements that are generally applicable to 1030

the use of onsite sewage treatment and disposal systems are met. 1031

(c) Notwithstanding paragraphs (a) and (b), for 1032

subdivisions platted of record on or before October 1, 1991, 1033

when a developer or other appropriate entity has previously made 1034

or makes provisions, including financial assurances or other 1035

commitments, acceptable to the department of Health, that a 1036

central water system will be installed by a regulated public 1037

utility based on a density formula, private potable wells may be 1038

used with onsite sewage treatment and disposal systems until the 1039

agreed-upon densities are reached. In a subdivision regulated by 1040

this paragraph, the average daily sewage flow may not exceed 1041

2,500 gallons per acre per day. This section does not affect the 1042

validity of existing prior agreements. After October 1, 1991, 1043

the exception provided under this paragraph is not available to 1044

a developer or other appropriate entity. 1045

(d) Paragraphs (a) and (b) do not apply to any proposed 1046

residential subdivision with more than 50 lots or to any 1047

proposed commercial subdivision with more than 5 lots where a 1048

publicly owned or investor-owned sewerage system is available. 1049

It is the intent of this paragraph not to allow development of 1050

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additional proposed subdivisions in order to evade the 1051


(e) Onsite sewage treatment and disposal systems must not 1053

be placed closer than: 1054

1. Seventy-five feet from a private potable well. 1055

2. Two hundred feet from a public potable well serving a 1056


sewage flow of greater than 2,000 gallons per day. 1058

3. One hundred feet from a public potable well serving a 1059


sewage flow of less than or equal to 2,000 gallons per day. 1061

4. Fifty feet from any nonpotable well. 1062

5. Ten feet from any storm sewer pipe, to the maximum 1063

extent possible, but in no instance shall the setback be less 1064

than 5 feet. 1065

6. Seventy-five feet from the mean high-water line of a 1066

tidally influenced surface water body. 1067

7. Seventy-five feet from the mean annual flood line of a 1068

permanent nontidal surface water body. 1069

8. Fifteen feet from the design high-water line of 1070

retention areas, detention areas, or swales designed to contain 1071

standing or flowing water for less than 72 hours after a 1072

rainfall or the design high-water level of normally dry drainage 1073

ditches or normally dry individual lot stormwater retention 1074

areas. 1075

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(f) Except as provided under paragraphs (e) and (t), no 1076

limitations shall be imposed by rule, relating to the distance 1077

between an onsite disposal system and any area that either 1078

permanently or temporarily has visible surface water. 1079

(g) All provisions of this section and rules adopted under 1080

this section relating to soil condition, water table elevation, 1081

distance, and other setback requirements must be equally applied 1082

to all lots, with the following exceptions: 1083

1. Any residential lot that was platted and recorded on or 1084

after January 1, 1972, or that is part of a residential 1085

subdivision that was approved by the appropriate permitting 1086

agency on or after January 1, 1972, and that was eligible for an 1087

onsite sewage treatment and disposal system construction permit 1088

on the date of such platting and recording or approval shall be 1089

eligible for an onsite sewage treatment and disposal system 1090

construction permit, regardless of when the application for a 1091

permit is made. If rules in effect at the time the permit 1092

application is filed cannot be met, residential lots platted and 1093

recorded or approved on or after January 1, 1972, shall, to the 1094

maximum extent possible, comply with the rules in effect at the 1095

time the permit application is filed. At a minimum, however, 1096

those residential lots platted and recorded or approved on or 1097

after January 1, 1972, but before January 1, 1983, shall comply 1098

with those rules in effect on January 1, 1983, and those 1099

residential lots platted and recorded or approved on or after 1100

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January 1, 1983, shall comply with those rules in effect at the 1101

time of such platting and recording or approval. In determining 1102

the maximum extent of compliance with current rules that is 1103

possible, the department shall allow structures and 1104

appurtenances thereto which were authorized at the time such 1105

lots were platted and recorded or approved. 1106

2. Lots platted before 1972 are subject to a 50-foot 1107

minimum surface water setback and are not subject to lot size 1108

requirements. The projected daily flow for onsite sewage 1109

treatment and disposal systems for lots platted before 1972 may 1110

not exceed: 1111

a. Two thousand five hundred gallons per acre per day for 1112

lots served by public water systems as defined in s. 403.852. 1113

b. One thousand five hundred gallons per acre per day for 1114

lots served by water systems regulated under s. 381.0062. 1115

(h)1. The department may grant variances in hardship cases 1116

which may be less restrictive than the provisions specified in 1117

this section. If a variance is granted and the onsite sewage 1118

treatment and disposal system construction permit has been 1119

issued, the variance may be transferred with the system 1120

construction permit, if the transferee files, within 60 days 1121

after the transfer of ownership, an amended construction permit 1122

application providing all corrected information and proof of 1123

ownership of the property and if the same variance would have 1124

been required for the new owner of the property as was 1125

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originally granted to the original applicant for the variance. 1126

There is no fee associated with the processing of this 1127

supplemental information. A variance may not be granted under 1128

this section until the department is satisfied that: 1129

a. The hardship was not caused intentionally by the action 1130

of the applicant; 1131

b. No reasonable alternative, taking into consideration 1132

factors such as cost, exists for the treatment of the sewage; 1133

and 1134

c. The discharge from the onsite sewage treatment and 1135

disposal system will not adversely affect the health of the 1136

applicant or the public or significantly degrade the groundwater 1137

or surface waters. 1138

1139

Where soil conditions, water table elevation, and setback 1140

provisions are determined by the department to be satisfactory, 1141

special consideration must be given to those lots platted before 1142

1972. 1143

2. The department shall appoint and staff a variance 1144

review and advisory committee, which shall meet monthly to 1145

recommend agency action on variance requests. The committee 1146

shall make its recommendations on variance requests at the 1147

meeting in which the application is scheduled for consideration, 1148

except for an extraordinary change in circumstances, the receipt 1149

of new information that raises new issues, or when the applicant 1150

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requests an extension. The committee shall consider the criteria 1151

in subparagraph 1. in its recommended agency action on variance 1152

requests and shall also strive to allow property owners the full 1153

use of their land where possible. The committee consists of the 1154

following: 1155

a. The State Surgeon General or his or her designee. 1156

b. A representative from the county health departments. 1157

c. A representative from the home building industry 1158

recommended by the Florida Home Builders Association. 1159

d. A representative from the septic tank industry 1160

recommended by the Florida Onsite Wastewater Association. 1161

e. A representative from the Department of Environmental 1162

Protection. 1163

f. A representative from the real estate industry who is 1164

also a developer in this state who develops lots using onsite 1165

sewage treatment and disposal systems, recommended by the 1166

Florida Association of Realtors. 1167

g. A representative from the engineering profession 1168

recommended by the Florida Engineering Society. 1169

1170

Members shall be appointed for a term of 3 years, with such 1171


two members expire in any one year. Members shall serve without 1173

remuneration, but if requested, shall be reimbursed for per diem 1174

and travel expenses as provided in s. 112.061. 1175

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(i) A construction permit may not be issued for an onsite 1176

sewage treatment and disposal system in any area zoned or used 1177

for industrial or manufacturing purposes, or its equivalent, 1178

where a publicly owned or investor-owned sewage treatment system 1179

is available, or where a likelihood exists that the system will 1180

receive toxic, hazardous, or industrial waste. An existing 1181

onsite sewage treatment and disposal system may be repaired if a 1182

publicly owned or investor-owned sewerage system is not 1183

available within 500 feet of the building sewer stub-out and if 1184

system construction and operation standards can be met. This 1185

paragraph does not require publicly owned or investor-owned 1186

sewerage treatment systems to accept anything other than 1187

domestic wastewater. 1188

1. A building located in an area zoned or used for 1189

industrial or manufacturing purposes, or its equivalent, when 1190

such building is served by an onsite sewage treatment and 1191

disposal system, must not be occupied until the owner or tenant 1192

has obtained written approval from the department. The 1193

department shall not grant approval when the proposed use of the 1194

system is to dispose of toxic, hazardous, or industrial 1195

wastewater or toxic or hazardous chemicals. 1196

2. Each person who owns or operates a business or facility 1197

in an area zoned or used for industrial or manufacturing 1198

purposes, or its equivalent, or who owns or operates a business 1199

that has the potential to generate toxic, hazardous, or 1200

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industrial wastewater or toxic or hazardous chemicals, and uses 1201

an onsite sewage treatment and disposal system that is installed 1202

on or after July 5, 1989, must obtain an annual system operating 1203

permit from the department. A person who owns or operates a 1204

business that uses an onsite sewage treatment and disposal 1205

system that was installed and approved before July 5, 1989, need 1206

not obtain a system operating permit. However, upon change of 1207

ownership or tenancy, the new owner or operator must notify the 1208

department of the change, and the new owner or operator must 1209

obtain an annual system operating permit, regardless of the date 1210

that the system was installed or approved. 1211

3. The department shall periodically review and evaluate 1212

the continued use of onsite sewage treatment and disposal 1213

systems in areas zoned or used for industrial or manufacturing 1214

purposes, or its equivalent, and may require the collection and 1215

analyses of samples from within and around such systems. If the 1216

department finds that toxic or hazardous chemicals or toxic, 1217

hazardous, or industrial wastewater have been or are being 1218

disposed of through an onsite sewage treatment and disposal 1219

system, the department shall initiate enforcement actions 1220

against the owner or tenant to ensure adequate cleanup, 1221

treatment, and disposal. 1222

(j) An onsite sewage treatment and disposal system 1223

designed by a professional engineer registered in the state and 1224

certified by such engineer as complying with performance 1225

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criteria adopted by the department must be approved by the 1226

department subject to the following: 1227

1. The performance criteria applicable to engineer-1228

designed systems must be limited to those necessary to ensure 1229

that such systems do not adversely affect the public health or 1230

significantly degrade the groundwater or surface water. Such 1231

performance criteria shall include consideration of the quality 1232

of system effluent, the proposed total sewage flow per acre, 1233

wastewater treatment capabilities of the natural or replaced 1234

soil, water quality classification of the potential surface-1235

water-receiving body, and the structural and maintenance 1236

viability of the system for the treatment of domestic 1237

wastewater. However, performance criteria shall address only the 1238

performance of a system and not a system's design. 1239

2. A person electing to utilize an engineer-designed 1240

system shall, upon completion of the system design, submit such 1241

design, certified by a registered professional engineer, to the 1242

county health department. The county health department may 1243

utilize an outside consultant to review the engineer-designed 1244

system, with the actual cost of such review to be borne by the 1245

applicant. Within 5 working days after receiving an engineer-1246

designed system permit application, the county health department 1247

shall request additional information if the application is not 1248

complete. Within 15 working days after receiving a complete 1249

application for an engineer-designed system, the county health 1250

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department either shall issue the permit or, if it determines 1251

that the system does not comply with the performance criteria, 1252

shall notify the applicant of that determination and refer the 1253

application to the department for a determination as to whether 1254

the system should be approved, disapproved, or approved with 1255

modification. The department engineer's determination shall 1256

prevail over the action of the county health department. The 1257

applicant shall be notified in writing of the department's 1258

determination and of the applicant's rights to pursue a variance 1259

or seek review under the provisions of chapter 120. 1260

3. The owner of an engineer-designed performance-based 1261

system must maintain a current maintenance service agreement 1262

with a maintenance entity permitted by the department. The 1263

maintenance entity shall inspect each system at least twice each 1264

year and shall report quarterly to the department on the number 1265

of systems inspected and serviced. The reports may be submitted 1266




maintenance entity for his or her own performance-based 1270

treatment system upon written certification from the system 1271

manufacturer's approved representative that the property owner 1272

has received training on the proper installation and service of 1273

the system. The maintenance service agreement must conspicuously 1274


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requirements. 1279

5. The property owner shall obtain a biennial system 1280

operating permit from the department for each system. The 1281

department shall inspect the system at least annually, or on 1282

such periodic basis as the fee collected permits, and may 1283

collect system-effluent samples if appropriate to determine 1284

compliance with the performance criteria. The fee for the 1285

biennial operating permit shall be collected beginning with the 1286

second year of system operation. 1287

6. If an engineer-designed system fails to properly 1288

function or fails to meet performance standards, the system 1289

shall be re-engineered, if necessary, to bring the system into 1290

compliance with the provisions of this section. 1291

(k) An innovative system may be approved in conjunction 1292

with an engineer-designed site-specific system which is 1293

certified by the engineer to meet the performance-based criteria 1294

adopted by the department. 1295

(l) For the Florida Keys, the department shall adopt a 1296

special rule for the construction, installation, modification, 1297

operation, repair, maintenance, and performance of onsite sewage 1298

treatment and disposal systems which considers the unique soil 1299

conditions and water table elevations, densities, and setback 1300

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requirements. On lots where a setback distance of 75 feet from 1301

surface waters, saltmarsh, and buttonwood association habitat 1302

areas cannot be met, an injection well, approved and permitted 1303

by the department, may be used for disposal of effluent from 1304

onsite sewage treatment and disposal systems. The following 1305

additional requirements apply to onsite sewage treatment and 1306

disposal systems in Monroe County: 1307

1. The county, each municipality, and those special 1308

districts established for the purpose of the collection, 1309

transmission, treatment, or disposal of sewage shall ensure, in 1310

accordance with the specific schedules adopted by the 1311

Administration Commission under s. 380.0552, the completion of 1312

onsite sewage treatment and disposal system upgrades to meet the 1313


2. Onsite sewage treatment and disposal systems must cease 1315

discharge by December 31, 2015, or must comply with department 1316

rules and provide the level of treatment which, on a permitted 1317

annual average basis, produces an effluent that contains no more 1318

than the following concentrations: 1319

a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l. 1320

b. Suspended Solids of 10 mg/l. 1321

c. Total Nitrogen, expressed as N, of 10 mg/l or a 1322

reduction in nitrogen of at least 70 percent. A system that has 1323

been tested and certified to reduce nitrogen concentrations by 1324

at least 70 percent shall be deemed to be in compliance with 1325

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this standard. 1326

d. Total Phosphorus, expressed as P, of 1 mg/l. 1327

1328

In addition, onsite sewage treatment and disposal systems 1329

discharging to an injection well must provide basic disinfection 1330

as defined by department rule. 1331

3. In areas not scheduled to be served by a central sewer, 1332

onsite sewage treatment and disposal systems must, by December 1333

31, 2015, comply with department rules and provide the level of 1334

treatment described in subparagraph 2. 1335

4. In areas scheduled to be served by central sewer by 1336

December 31, 2015, if the property owner has paid a connection 1337

fee or assessment for connection to the central sewer system, 1338

the property owner may install a holding tank with a high water 1339

alarm or an onsite sewage treatment and disposal system that 1340

meets the following minimum standards: 1341

a. The existing tanks must be pumped and inspected and 1342

certified as being watertight and free of defects in accordance 1343

with department rule; and 1344

b. A sand-lined drainfield or injection well in accordance 1345

with department rule must be installed. 1346

5. Onsite sewage treatment and disposal systems must be 1347

monitored for total nitrogen and total phosphorus concentrations 1348

as required by department rule. 1349

6. The department shall enforce proper installation, 1350

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operation, and maintenance of onsite sewage treatment and 1351

disposal systems pursuant to this chapter, including ensuring 1352

that the appropriate level of treatment described in 1353

subparagraph 2. is met. 1354

7. The authority of a local government, including a 1355

special district, to mandate connection of an onsite sewage 1356

treatment and disposal system is governed by s. 4, chapter 99-1357

395, Laws of Florida. 1358

8. Notwithstanding any other provision of law, an onsite 1359

sewage treatment and disposal system installed after July 1, 1360

2010, in unincorporated Monroe County, excluding special 1361

wastewater districts, that complies with the standards in 1362

subparagraph 2. is not required to connect to a central sewer 1363

system until December 31, 2020. 1364

(m) No product sold in the state for use in onsite sewage 1365

treatment and disposal systems may contain any substance in 1366

concentrations or amounts that would interfere with or prevent 1367

the successful operation of such system, or that would cause 1368

discharges from such systems to violate applicable water quality 1369

standards. The department shall publish criteria for products 1370

known or expected to meet the conditions of this paragraph. In 1371

the event a product does not meet such criteria, such product 1372

may be sold if the manufacturer satisfactorily demonstrates to 1373

the department that the conditions of this paragraph are met. 1374

(n) Evaluations for determining the seasonal high-water 1375

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table elevations or the suitability of soils for the use of a 1376

new onsite sewage treatment and disposal system shall be 1377

performed by department personnel, professional engineers 1378

registered in the state, or such other persons with expertise, 1379

as defined by rule, in making such evaluations. Evaluations for 1380

determining mean annual flood lines shall be performed by those 1381

persons identified in paragraph (2)(k) paragraph (2)(j). The 1382

department shall accept evaluations submitted by professional 1383

engineers and such other persons as meet the expertise 1384

established by this section or by rule unless the department has 1385

a reasonable scientific basis for questioning the accuracy or 1386

completeness of the evaluation. 1387

(o) The department shall appoint a research review and 1388

advisory committee, which shall meet at least semiannually. The 1389

committee shall advise the department on directions for new 1390

research, review and rank proposals for research contracts, and 1391

review draft research reports and make comments. The committee 1392

is comprised of: 1393

1. A representative of the State Surgeon General, or his 1394

or her designee. 1395

2. A representative from the septic tank industry. 1396

3. A representative from the home building industry. 1397

4. A representative from an environmental interest group. 1398

5. A representative from the State University System, from 1399

a department knowledgeable about onsite sewage treatment and 1400

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6. A professional engineer registered in this state who 1402

has work experience in onsite sewage treatment and disposal 1403

systems. 1404

7. A representative from local government who is 1405

knowledgeable about domestic wastewater treatment. 1406

8. A representative from the real estate profession. 1407

9. A representative from the restaurant industry. 1408

10. A consumer. 1409

1410

Members shall be appointed for a term of 3 years, with the 1411


four members expire in any one year. Members shall serve without 1413

remuneration, but are entitled to reimbursement for per diem and 1414

travel expenses as provided in s. 112.061. 1415

(p) An application for an onsite sewage treatment and 1416

disposal system permit shall be completed in full, signed by the 1417

owner or the owner's authorized representative, or by a 1418

contractor licensed under chapter 489, and shall be accompanied 1419

by all required exhibits and fees. No specific documentation of 1420

property ownership shall be required as a prerequisite to the 1421

review of an application or the issuance of a permit. The 1422

issuance of a permit does not constitute determination by the 1423

department of property ownership. 1424

(q) The department may not require any form of subdivision 1425

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analysis of property by an owner, developer, or subdivider 1426

before prior to submission of an application for an onsite 1427

sewage treatment and disposal system. 1428

(r) Nothing in this section limits the power of a 1429

municipality or county to enforce other laws for the protection 1430

of the public health and safety. 1431

(s) In the siting of onsite sewage treatment and disposal 1432

systems, including drainfields, shoulders, and slopes, guttering 1433

shall not be required on single-family residential dwelling 1434

units for systems located greater than 5 feet from the roof drip 1435

line of the house. If guttering is used on residential dwelling 1436

units, the downspouts shall be directed away from the 1437

drainfield. 1438

(t) Notwithstanding the provisions of subparagraph (g)1., 1439

onsite sewage treatment and disposal systems located in 1440

floodways of the Suwannee and Aucilla Rivers must adhere to the 1441


1. The absorption surface of the drainfield shall not be 1443

subject to flooding based on 10-year flood elevations. Provided, 1444

however, for lots or parcels created by the subdivision of land 1445

in accordance with applicable local government regulations 1446

before prior to January 17, 1990, if an applicant cannot 1447

construct a drainfield system with the absorption surface of the 1448

drainfield at an elevation equal to or above 10-year flood 1449

elevation, the department shall issue a permit for an onsite 1450

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sewage treatment and disposal system within the 10-year 1451

floodplain of rivers, streams, and other bodies of flowing water 1452

if all of the following criteria are met: 1453

a. The lot is at least one-half acre in size; 1454

b. The bottom of the drainfield is at least 36 inches 1455

above the 2-year flood elevation; and 1456

c. The applicant installs either: a waterless, 1457

incinerating, or organic waste composting toilet and a graywater 1458

system and drainfield in accordance with department rules; an 1459

aerobic treatment unit and drainfield in accordance with 1460

department rules; a system approved by the State Health Office 1461

that is capable of reducing effluent nitrate by at least 50 1462

percent; or a system approved by the county health department 1463

pursuant to department rule other than a system using 1464

alternative drainfield materials. The United States Department 1465

of Agriculture Soil Conservation Service soil maps, State of 1466

Florida Water Management District data, and Federal Emergency 1467

Management Agency Flood Insurance maps are resources that shall 1468

be used to identify flood-prone areas. 1469

2. The use of fill or mounding to elevate a drainfield 1470

system out of the 10-year floodplain of rivers, streams, or 1471

other bodies of flowing water shall not be permitted if such a 1472

system lies within a regulatory floodway of the Suwannee and 1473

Aucilla Rivers. In cases where the 10-year flood elevation does 1474

not coincide with the boundaries of the regulatory floodway, the 1475

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regulatory floodway will be considered for the purposes of this 1476

subsection to extend at a minimum to the 10-year flood 1477

elevation. 1478

(u)1. The owner of an aerobic treatment unit system shall 1479

maintain a current maintenance service agreement with an aerobic 1480

treatment unit maintenance entity permitted by the department. 1481

The maintenance entity shall inspect each aerobic treatment unit 1482

system at least twice each year and shall report quarterly to 1483

the department on the number of aerobic treatment unit systems 1484

inspected and serviced. The reports may be submitted 1485




maintenance entity for his or her own aerobic treatment unit 1489

system upon written certification from the system manufacturer's 1490

approved representative that the property owner has received 1491

training on the proper installation and service of the system. 1492

The maintenance entity service agreement must conspicuously 1493





requirements. 1498

3. A septic tank contractor licensed under part III of 1499

chapter 489, if approved by the manufacturer, may not be denied 1500

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access by the manufacturer to aerobic treatment unit system 1501

training or spare parts for maintenance entities. After the 1502

original warranty period, component parts for an aerobic 1503

treatment unit system may be replaced with parts that meet 1504

manufacturer's specifications but are manufactured by others. 1505

The maintenance entity shall maintain documentation of the 1506

substitute part's equivalency for 2 years and shall provide such 1507

documentation to the department upon request. 1508

4. The owner of an aerobic treatment unit system shall 1509

obtain a system operating permit from the department and allow 1510

the department to inspect during reasonable hours each aerobic 1511

treatment unit system at least annually, and such inspection may 1512

include collection and analysis of system-effluent samples for 1513

performance criteria established by rule of the department. 1514

(v) The department may require the submission of detailed 1515

system construction plans that are prepared by a professional 1516

engineer registered in this state. The department shall 1517

establish by rule criteria for determining when such a 1518

submission is required. 1519

(w) Any permit issued and approved by the department for 1520

the installation, modification, or repair of an onsite sewage 1521

treatment and disposal system shall transfer with the title to 1522

the property in a real estate transaction. A title may not be 1523

encumbered at the time of transfer by new permit requirements by 1524

a governmental entity for an onsite sewage treatment and 1525

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disposal system which differ from the permitting requirements in 1526

effect at the time the system was permitted, modified, or 1527

repaired. An inspection of a system may not be mandated by a 1528

governmental entity at the point of sale in a real estate 1529

transaction. This paragraph does not affect a septic tank phase-1530

out deferral program implemented by a consolidated government as 1531

defined in s. 9, Art. VIII of the State Constitution (1885). 1532

(x) A governmental entity, including a municipality, 1533

county, or statutorily created commission, may not require an 1534

engineer-designed performance-based treatment system, excluding 1535

a passive engineer-designed performance-based treatment system, 1536

before the completion of the Florida Onsite Sewage Nitrogen 1537

Reduction Strategies Project. This paragraph does not apply to a 1538

governmental entity, including a municipality, county, or 1539

statutorily created commission, which adopted a local law, 1540

ordinance, or regulation on or before January 31, 2012. 1541

Notwithstanding this paragraph, an engineer-designed 1542

performance-based treatment system may be used to meet the 1543

requirements of the variance review and advisory committee 1544

recommendations. 1545

(y)1. An onsite sewage treatment and disposal system is 1546

not considered abandoned if the system is disconnected from a 1547

structure that was made unusable or destroyed following a 1548

disaster and if the system was properly functioning at the time 1549

of disconnection and was not adversely affected by the disaster. 1550

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The onsite sewage treatment and disposal system may be 1551

reconnected to a rebuilt structure if: 1552

a. The reconnection of the system is to the same type of 1553

structure which contains the same number of bedrooms or fewer, 1554

if the square footage of the structure is less than or equal to 1555

110 percent of the original square footage of the structure that 1556

existed before the disaster; 1557

b. The system is not a sanitary nuisance; and 1558

c. The system has not been altered without prior 1559

authorization. 1560

2. An onsite sewage treatment and disposal system that 1561

serves a property that is foreclosed upon is not considered 1562

abandoned. 1563

(z) If an onsite sewage treatment and disposal system 1564

permittee receives, relies upon, and undertakes construction of 1565

a system based upon a validly issued construction permit under 1566

rules applicable at the time of construction but a change to a 1567

rule occurs within 5 years after the approval of the system for 1568

construction but before the final approval of the system, the 1569

rules applicable and in effect at the time of construction 1570

approval apply at the time of final approval if fundamental site 1571

conditions have not changed between the time of construction 1572

approval and final approval. 1573

(aa) An existing-system inspection or evaluation and 1574

assessment, or a modification, replacement, or upgrade of an 1575

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onsite sewage treatment and disposal system is not required for 1576

a remodeling addition or modification to a single-family home if 1577

a bedroom is not added. However, a remodeling addition or 1578

modification to a single-family home may not cover any part of 1579

the existing system or encroach upon a required setback or the 1580

unobstructed area. To determine if a setback or the unobstructed 1581

area is impacted, the local health department shall review and 1582

verify a floor plan and site plan of the proposed remodeling 1583

addition or modification to the home submitted by a remodeler 1584

which shows the location of the system, including the distance 1585

of the remodeling addition or modification to the home from the 1586

onsite sewage treatment and disposal system. The local health 1587

department may visit the site or otherwise determine the best 1588

means of verifying the information submitted. A verification of 1589

the location of a system is not an inspection or evaluation and 1590

assessment of the system. The review and verification must be 1591

completed within 7 business days after receipt by the local 1592

health department of a floor plan and site plan. If the review 1593

and verification is not completed within such time, the 1594

remodeling addition or modification to the single-family home, 1595

for the purposes of this paragraph, is approved. 1596

Section 18. Paragraph (d) of subsection (7) and 1597

subsections (8) and (9) of section 381.00651, Florida Statutes, 1598

are amended to read: 1599

381.00651 Periodic evaluation and assessment of onsite 1600

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sewage treatment and disposal systems.— 1601

(7) The following procedures shall be used for conducting 1602

evaluations: 1603

(d) Assessment procedure.—All evaluation procedures used 1604

by a qualified contractor shall be documented in the 1605

environmental health database of the department of Health. The 1606

qualified contractor shall provide a copy of a written, signed 1607

evaluation report to the property owner upon completion of the 1608

evaluation and to the county health department within 30 days 1609

after the evaluation. The report must shall contain the name and 1610

license number of the company providing the report. A copy of 1611

the evaluation report shall be retained by the local county 1612

health department for a minimum of 5 years and until a 1613

subsequent inspection report is filed. The front cover of the 1614

report must identify any system failure and include a clear and 1615

conspicuous notice to the owner that the owner has a right to 1616

have any remediation of the failure performed by a qualified 1617

contractor other than the contractor performing the evaluation. 1618

The report must further identify any crack, leak, improper fit, 1619

or other defect in the tank, manhole, or lid, and any other 1620

damaged or missing component; any sewage or effluent visible on 1621

the ground or discharging to a ditch or other surface water 1622

body; any downspout, stormwater, or other source of water 1623

directed onto or toward the system; and any other maintenance 1624

need or condition of the system at the time of the evaluation 1625

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which, in the opinion of the qualified contractor, would 1626

possibly interfere with or restrict any future repair or 1627

modification to the existing system. The report shall conclude 1628

with an overall assessment of the fundamental operational 1629

condition of the system. 1630

(8) The county health department, in coordination with the 1631

department, shall administer any evaluation program on behalf of 1632

a county, or a municipality within the county, that has adopted 1633

an evaluation program pursuant to this section. In order to 1634

administer the evaluation program, the county or municipality, 1635

in consultation with the county health department, may develop a 1636

reasonable fee schedule to be used solely to pay for the costs 1637

of administering the evaluation program. Such a fee schedule 1638

shall be identified in the ordinance that adopts the evaluation 1639

program. When arriving at a reasonable fee schedule, the 1640

estimated annual revenues to be derived from fees may not exceed 1641

reasonable estimated annual costs of the program. Fees shall be 1642

assessed to the system owner during an inspection and separately 1643

identified on the invoice of the qualified contractor. Fees 1644

shall be remitted by the qualified contractor to the county 1645

health department. The county health department's administrative 1646

responsibilities include the following: 1647

(a) Providing a notice to the system owner at least 60 1648

days before the system is due for an evaluation. The notice may 1649

include information on the proper maintenance of onsite sewage 1650

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(b) In consultation with the department of Health, 1652

providing uniform disciplinary procedures and penalties for 1653

qualified contractors who do not comply with the requirements of 1654

the adopted ordinance, including, but not limited to, failure to 1655

provide the evaluation report as required in this subsection to 1656

the system owner and the county health department. Only the 1657

county health department may assess penalties against system 1658

owners for failure to comply with the adopted ordinance, 1659

consistent with existing requirements of law. 1660

(9)(a) A county or municipality that adopts an onsite 1661

sewage treatment and disposal system evaluation and assessment 1662

program pursuant to this section shall notify the Secretary of 1663

Environmental Protection, the Department of Health, and the 1664

applicable county health department upon the adoption of its 1665

ordinance establishing the program. 1666

(b) Upon receipt of the notice under paragraph (a), the 1667

department of Environmental Protection shall, within existing 1668

resources, notify the county or municipality of the potential 1669

use of, and access to, program funds under the Clean Water State 1670

Revolving Fund or s. 319 of the Clean Water Act, provide 1671

guidance in the application process to receive such moneys, and 1672

provide advice and technical assistance to the county or 1673

municipality on how to establish a low-interest revolving loan 1674

program or how to model a revolving loan program after the low-1675

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interest loan program of the Clean Water State Revolving Fund. 1676

This paragraph does not obligate the department of Environmental 1677

Protection to provide any county or municipality with money to 1678

fund such programs. 1679

(c) The department of Health may not adopt any rule that 1680

alters the provisions of this section. 1681

(d) The department of Health must allow county health 1682

departments and qualified contractors access to the 1683

environmental health database to track relevant information and 1684

assimilate data from assessment and evaluation reports of the 1685

overall condition of onsite sewage treatment and disposal 1686

systems. The environmental health database must be used by 1687

contractors to report each service and evaluation event and by a 1688

county health department to notify owners of onsite sewage 1689

treatment and disposal systems when evaluations are due. Data 1690

and information must be recorded and updated as service and 1691

evaluations are conducted and reported. 1692



381.0068 Technical review and advisory panel.— 1695

(1) The Department of Environmental Protection Health 1696

shall establish and staff a technical review and advisory panel 1697

to assist the department with rule adoption. 1698




By Senator Bradley

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An act relating to the Department of Environmental 2

Protection; transferring and reassigning functions and 3

responsibilities of the Division of Law Enforcement 4

relating to investigators of environmental crimes 5

within the Fish and Wildlife Conservation Commission 6

to the Division of Law Enforcement of the Department 7

of Environmental Protection; providing requirements 8

for a memorandum of agreement between the department 9

and the commission regarding the responsibilities of 10

the department and the commission; transferring 11

personnel and equipment within the department’s Office 12

of Emergency Response to the department’s Division of 13

Law Enforcement; providing for a transition advisory 14

working group; providing for the retention and 15

transfer of specified benefits for employees who are 16

transferred from the commission to fill positions 17

transferred to the department; amending s. 20.255, 18

F.S.; establishing the Division of Law Enforcement 19

within the department; providing law enforcement 20

officers of the department who meet certain 21

requirements with specified authority, subject to 22

applicable law; amending ss. 258.004, 258.008, 23

258.501, 282.709, 316.640, 376.3071, 403.413, 784.07, 24

843.08, 843.085, 870.04, and 932.7055, F.S.; 25

conforming provisions to changes made by the act; 26

reenacting s. 790.166(8)(a), F.S., relating to the 27

manufacture, possession, sale, delivery, display, use 28

or attempted or threatened use of a weapon of mass 29


5-01683B-19 20191502__

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destruction or hoax weapon of mass destruction 30

prohibited, to incorporate the amendment made to s. 31

784.07, F.S., in a reference thereto; providing 32

severability; providing an effective date. 33

34


36

Section 1. (1) The primary powers and duties of the Fish 37

and Wildlife Conservation Commission with regard to the 38

investigation of certain environmental crimes and the 39

enforcement of related laws, as specified in the new memorandum 40

of agreement developed as required under subsection (2), are 41

transferred from the commission to the Department of 42

Environmental Protection. The commission retains law enforcement 43

authority over the patrol of state-owned lands managed by the 44

department and shall coordinate with the department in that 45

regard. 46

(2) A new memorandum of agreement must be developed between 47

the commission and the department detailing the respective 48

responsibilities of the department and the commission with 49

regard to at least all of the following: 50

(a) Support and response for oil spills, hazardous spills, 51

and natural disasters. 52

(b) Law enforcement patrol and investigative services for 53

all state-owned lands managed by the department. 54

(c) Law enforcement services, including investigative 55

services, for all criminal law violations of chapters 161, 258, 56

373, 376, 377, 378, and 403, Florida Statutes. 57

(d) Enforcement services for civil violations of department 58


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administrative rules related to all of the following program 59

areas: 60

1. The Division of Recreation and Parks. 61

2. The Office of Coastal and Aquatic Managed Areas. 62

3. The Office of Greenways and Trails. 63

(e) Current and future funding, training, or other support 64

for positions and equipment being transferred from the 65

commission to the department which are funded through any trust 66

fund. 67

Section 2. All personnel and equipment assigned to the 68

Department of Environmental Protection’s Office of Emergency 69

Response are reassigned to the Division of Law Enforcement of 70

the department. 71

Section 3. The Secretary of Environmental Protection and 72

the Executive Director of the Fish and Wildlife Conservation 73

Commission shall each appoint two staff members to a transition 74

advisory working group to review the administrative rules 75

promulgated by the department and the commission to identify any 76

rules that must be amended to reflect the changes made by this 77

act. 78

Section 4. Notwithstanding chapter 60L-34, Florida 79

Administrative Code, or any law to the contrary, employees who 80

are transferred from the Fish and Wildlife Conservation 81

Commission to fill positions transferred to the Department of 82

Environmental Protection shall retain and transfer any accrued 83

annual leave, sick leave, and regular and special compensatory 84

leave balances. The employees shall retain their current 85

position status, including permanent status, upon transfer to 86

the Department of Environmental Protection. 87


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Statutes, is amended, and subsection (10) is added to that 89

section, to read: 90

20.255 Department of Environmental Protection.—There is 91

created a Department of Environmental Protection. 92

(3) The following divisions of the Department of 93

Environmental Protection are established: 94

(a) Division of Administrative Services. 95

(b) Division of Air Resource Management. 96

(c) Division of Water Resource Management. 97

(d) Division of Environmental Assessment and Restoration. 98

(e) Division of Waste Management. 99

(f) Division of Recreation and Parks. 100

(g) Division of State Lands, the director of which is 101

appointed by the secretary of the department, subject to 102

confirmation by the Governor and Cabinet sitting as the Board of 103

Trustees of the Internal Improvement Trust Fund. 104

(h) Division of Water Restoration Assistance. 105

(i) Division of Law Enforcement. 106

107

In order to ensure statewide and intradepartmental consistency, 108

the department’s divisions shall direct the district offices and 109

bureaus on matters of interpretation and applicability of the 110

department’s rules and programs. 111

(10) Law enforcement officers of the Department of 112

Environmental Protection who meet the requirements of s. 943.13 113

are constituted law enforcement officers of this state with full 114

power to investigate and arrest for any violation of the laws of 115

this state and the rules of the department and the Board of 116


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Trustees of the Internal Improvement Trust Fund. The general 117

laws applicable to investigations, searches, and arrests by 118

peace officers of this state apply to such law enforcement 119

officers. 120



258.004 Duties of division.— 123

(8) This chapter shall be enforced by the Division of Law 124

Enforcement within the Department of Environmental Protection 125

and its officers and by the Division of Law Enforcement within 126

the Fish and Wildlife Conservation Commission and its officers. 127



258.008 Prohibited activities; penalties.— 130

(1) Except as provided in subsection (3), any person who 131

violates or otherwise fails to comply with the rules adopted 132

under this chapter commits a noncriminal infraction for which 133

ejection from all property managed by the Division of Recreation 134

and Parks and a fine of up to $500 may be imposed by the 135

division. Fines paid under this subsection shall be paid to the 136

Fish and Wildlife Conservation Commission and deposited in the 137

State Game Trust Fund as provided in ss. 379.338, 379.339, and 138

379.3395 or to the Department of Environmental Protection and 139

deposited into the State Park Trust Fund, as applicable. 140



258.501 Myakka River; wild and scenic segment.— 143

(16) ENFORCEMENT.—Officers of the department and the Fish 144

and Wildlife Conservation Commission shall have full authority 145


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to enforce any rule adopted by the department. 146

Section 9. Paragraph (a) of subsection (2) of section 147


282.709 State agency law enforcement radio system and 149

interoperability network.— 150

(2) The Joint Task Force on State Agency Law Enforcement 151

Communications is created adjunct to the department to advise 152

the department of member-agency needs relating to the planning, 153

designing, and establishment of the statewide communication 154

system. 155

(a) The Joint Task Force on State Agency Law Enforcement 156

Communications shall consist of the following members: 157

1. A representative of the Division of Alcoholic Beverages 158

and Tobacco of the Department of Business and Professional 159

Regulation who shall be appointed by the secretary of the 160

department. 161

2. A representative of the Division of Florida Highway 162

Patrol of the Department of Highway Safety and Motor Vehicles 163

who shall be appointed by the executive director of the 164

department. 165

3. A representative of the Department of Law Enforcement 166

who shall be appointed by the executive director of the 167

department. 168

4. A representative of the Fish and Wildlife Conservation 169

Commission who shall be appointed by the executive director of 170

the commission. 171

5. A representative of the Division of Law Enforcement of 172

the Department of Environmental Protection who shall be 173

appointed by the secretary of the department. 174


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6.5. A representative of the Department of Corrections who 175

shall be appointed by the secretary of the department. 176

7.6. A representative of the Department of Financial 177

Services who shall be appointed by the Chief Financial Officer. 178

8.7. A representative of the Department of Agriculture and 179

Consumer Services who shall be appointed by the Commissioner of 180

Agriculture. 181

9.8. A representative of the Florida Sheriffs Association 182

who shall be appointed by the president of the Florida Sheriffs 183

Association. 184

Section 10. Paragraph (a) of subsection (1) of section 185


316.640 Enforcement.—The enforcement of the traffic laws of 187

this state is vested as follows: 188

(1) STATE.— 189

(a)1.a. The Division of Florida Highway Patrol of the 190

Department of Highway Safety and Motor Vehicles; the Division of 191

Law Enforcement of the Fish and Wildlife Conservation 192

Commission; the Division of Law Enforcement of the Department of 193

Environmental Protection; and the agents, inspectors, and 194

officers of the Department of Law Enforcement each have 195

authority to enforce all of the traffic laws of this state on 196

all the streets and highways thereof and elsewhere throughout 197

the state wherever the public has a right to travel by motor 198

vehicle. 199

b. University police officers may enforce all of the 200

traffic laws of this state when violations occur on or within 201

1,000 feet of any property or facilities that are under the 202

guidance, supervision, regulation, or control of a state 203


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university, a direct-support organization of such state 204

university, or any other organization controlled by the state 205

university or a direct-support organization of the state 206

university, or when such violations occur within a specified 207

jurisdictional area as agreed upon in a mutual aid agreement 208

entered into with a law enforcement agency pursuant to s. 209

23.1225(1). Traffic laws may also be enforced off-campus when 210

hot pursuit originates on or within 1,000 feet of any such 211

property or facilities, or as agreed upon in accordance with the 212

mutual aid agreement. 213

c. Florida College System institution police officers may 214

enforce all the traffic laws of this state only when such 215

violations occur on or within 1,000 feet of any property or 216

facilities that are under the guidance, supervision, regulation, 217

or control of the Florida College System institution, or when 218

such violations occur within a specified jurisdictional area as 219

agreed upon in a mutual aid agreement entered into with a law 220

enforcement agency pursuant to s. 23.1225. Traffic laws may also 221

be enforced off-campus when hot pursuit originates on or within 222

1,000 feet of any such property or facilities, or as agreed upon 223

in accordance with the mutual aid agreement. 224

d. Police officers employed by an airport authority may 225

enforce all of the traffic laws of this state only when such 226

violations occur on any property or facilities that are owned or 227

operated by an airport authority. 228

(I) An airport authority may employ as a parking 229

enforcement specialist any individual who successfully completes 230

a training program established and approved by the Criminal 231

Justice Standards and Training Commission for parking 232


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enforcement specialists but who does not otherwise meet the 233

uniform minimum standards established by the commission for law 234

enforcement officers or auxiliary or part-time officers under s. 235

943.12. This sub-sub-subparagraph may not be construed to permit 236

the carrying of firearms or other weapons, nor shall such 237

parking enforcement specialist have arrest authority. 238

(II) A parking enforcement specialist employed by an 239

airport authority may enforce all state, county, and municipal 240

laws and ordinances governing parking only when such violations 241

are on property or facilities owned or operated by the airport 242

authority employing the specialist, by appropriate state, 243

county, or municipal traffic citation. 244

e. The Office of Agricultural Law Enforcement of the 245

Department of Agriculture and Consumer Services may enforce 246

traffic laws of this state. 247

f. School safety officers may enforce all of the traffic 248

laws of this state when such violations occur on or about any 249

property or facilities that are under the guidance, supervision, 250

regulation, or control of the district school board. 251

2. Any disciplinary action taken or performance evaluation 252

conducted by an agency of the state as described in subparagraph 253

1. of a law enforcement officer’s traffic enforcement activity 254

must be in accordance with written work-performance standards. 255

Such standards must be approved by the agency and any collective 256

bargaining unit representing such law enforcement officer. A 257

violation of this subparagraph is not subject to the penalties 258

provided in chapter 318. 259

3. The Division of the Florida Highway Patrol may employ as 260

a traffic accident investigation officer any individual who 261


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successfully completes instruction in traffic accident 262

investigation and court presentation through the Selective 263

Traffic Enforcement Program as approved by the Criminal Justice 264

Standards and Training Commission and funded through the 265

National Highway Traffic Safety Administration or a similar 266

program approved by the commission, but who does not necessarily 267

meet the uniform minimum standards established by the commission 268

for law enforcement officers or auxiliary law enforcement 269

officers under chapter 943. Any such traffic accident 270

investigation officer who makes an investigation at the scene of 271

a traffic accident may issue traffic citations, based upon 272

personal investigation, when he or she has reasonable and 273

probable grounds to believe that a person who was involved in 274

the accident committed an offense under this chapter, chapter 275

319, chapter 320, or chapter 322 in connection with the 276

accident. This subparagraph does not permit the officer to carry 277

firearms or other weapons, and such an officer does not have 278

authority to make arrests. 279

Section 11. Paragraph (p) of subsection (4) of section 280


376.3071 Inland Protection Trust Fund; creation; purposes; 282

funding.— 283

(4) USES.—Whenever, in its determination, incidents of 284

inland contamination related to the storage of petroleum or 285

petroleum products may pose a threat to the public health, 286

safety, or welfare, water resources, or the environment, the 287

department shall obligate moneys available in the fund to 288

provide for: 289

(p) Enforcement of this section and ss. 376.30-376.317 by 290


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the Fish and Wildlife Conservation Commission and the Department 291

of Environmental Protection. The department may shall disburse 292

moneys to the commission for such purpose. 293

294

The issuance of a site rehabilitation completion order pursuant 295

to subsection (5) or paragraph (12)(b) for contamination 296

eligible for programs funded by this section does not alter the 297

project’s eligibility for state-funded remediation if the 298

department determines that site conditions are not protective of 299

human health under actual or proposed circumstances of exposure 300

under subsection (5). The Inland Protection Trust Fund may be 301

used only to fund the activities in ss. 376.30-376.317 except 302

ss. 376.3078 and 376.3079. Amounts on deposit in the fund in 303

each fiscal year must first be applied or allocated for the 304

payment of amounts payable by the department pursuant to 305

paragraph (n) under a service contract entered into by the 306

department pursuant to s. 376.3075 and appropriated in each year 307

by the Legislature before making or providing for other 308

disbursements from the fund. This subsection does not authorize 309

the use of the fund for cleanup of contamination caused 310

primarily by a discharge of solvents as defined in s. 311

206.9925(6), or polychlorinated biphenyls when their presence 312

causes them to be hazardous wastes, except solvent contamination 313

which is the result of chemical or physical breakdown of 314

petroleum products and is otherwise eligible. Facilities used 315

primarily for the storage of motor or diesel fuels as defined in 316

ss. 206.01 and 206.86 are not excluded from eligibility pursuant 317

to this section. 318

Section 12. Paragraph (e) of subsection (2) of section 319


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403.413 Florida Litter Law.— 321

(2) DEFINITIONS.—As used in this section: 322

(e) “Law enforcement officer” means any officer of the 323

Florida Highway Patrol, a county sheriff’s department, a 324

municipal law enforcement department, a law enforcement 325

department of any other political subdivision, the Department of 326

Environmental Protection, or the Fish and Wildlife Conservation 327

Commission. In addition, and solely for the purposes of this 328

section, “law enforcement officer” means any employee of a 329

county or municipal park or recreation department designated by 330

the department head as a litter enforcement officer. 331

Section 13. Paragraph (d) of subsection (1) of section 332


784.07 Assault or battery of law enforcement officers, 334

firefighters, emergency medical care providers, public transit 335

employees or agents, or other specified officers; 336

reclassification of offenses; minimum sentences.— 337

(1) As used in this section, the term: 338

(d) “Law enforcement officer” includes a law enforcement 339

officer, a correctional officer, a correctional probation 340

officer, a part-time law enforcement officer, a part-time 341

correctional officer, an auxiliary law enforcement officer, and 342

an auxiliary correctional officer, as those terms are 343

respectively defined in s. 943.10, and any county probation 344

officer; an employee or agent of the Department of Corrections 345

who supervises or provides services to inmates; an officer of 346

the Florida Commission on Offender Review; a federal law 347

enforcement officer as defined in s. 901.1505; and law 348


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enforcement personnel of the Fish and Wildlife Conservation 349

Commission, the Department of Environmental Protection, or the 350

Department of Law Enforcement. 351


read: 353

843.08 False personation.—A person who falsely assumes or 354

pretends to be a firefighter, sheriff, officer of the Florida 355

Highway Patrol, officer of the Fish and Wildlife Conservation 356

Commission, officer of the Department of Environmental 357

Protection, fire or arson investigator of the Department of 358

Financial Services, officer of the Department of Financial 359

Services, officer of the Department of Corrections, correctional 360

probation officer, deputy sheriff, state attorney or assistant 361

state attorney, statewide prosecutor or assistant statewide 362

prosecutor, state attorney investigator, coroner, police 363

officer, lottery special agent or lottery investigator, beverage 364

enforcement agent, or watchman, or any member of the Florida 365

Commission on Offender Review and any administrative aide or 366

supervisor employed by the commission, or any personnel or 367

representative of the Department of Law Enforcement, or a 368

federal law enforcement officer as defined in s. 901.1505, and 369

takes upon himself or herself to act as such, or to require any 370

other person to aid or assist him or her in a matter pertaining 371

to the duty of any such officer, commits a felony of the third 372

degree, punishable as provided in s. 775.082, s. 775.083, or s. 373

775.084. However, a person who falsely personates any such 374

officer during the course of the commission of a felony commits 375

a felony of the second degree, punishable as provided in s. 376

775.082, s. 775.083, or s. 775.084. If the commission of the 377


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felony results in the death or personal injury of another human 378

being, the person commits a felony of the first degree, 379

punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 380

The term “watchman” means a security officer licensed under 381

chapter 493. 382


to read: 384

843.085 Unlawful use of badges or other indicia of 385

authority.— 386

(1) It is unlawful for any person, unless appointed by the 387

Governor pursuant to chapter 354, authorized by the appropriate 388

agency, or displayed in a closed or mounted case as a collection 389

or exhibit, to wear or display any authorized indicia of 390

authority, including any badge, insignia, emblem, identification 391

card, or uniform, or any colorable imitation thereof, of any 392

federal, state, county, or municipal law enforcement agency, or 393

other criminal justice agency as defined in s. 943.045, with the 394

intent to mislead or cause another person to believe that he or 395

she is a member of that agency or is authorized to display or 396

wear such item, or to wear or display any item that displays in 397

any manner or combination the word or words “police,” 398

“patrolman,” “agent,” “sheriff,” “deputy,” “trooper,” “highway 399

patrol,” “commission officer,” “Wildlife Officer,” “Marine 400

Patrol Officer,” “state attorney,” “public defender,” “marshal,” 401

“constable,” “bailiff,” or “fire department,” or “Department of 402

Environmental Protection officer,” with the intent to mislead or 403

cause another person to believe that he or she is a member of 404

that agency or is authorized to wear or display such item. 405

(2) It is unlawful for a person to own or operate a motor 406


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vehicle marked or identified in any manner or combination by the 407

word or words “police,” “patrolman,” “sheriff,” “deputy,” 408

“trooper,” “highway patrol,” “commission officer,” “Wildlife 409

Officer,” “Marine Patrol Officer,” “marshal,” “constable,” 410

“bailiff,” or “fire department,” or “Department of Environmental 411

Protection officer,” or by any lettering, marking, or insignia, 412

or colorable imitation thereof, including, but not limited to, 413

stars, badges, or shields, officially used to identify the 414

vehicle as a federal, state, county, or municipal law 415

enforcement vehicle or a vehicle used by a criminal justice 416

agency as defined in s. 943.045, or a vehicle used by a fire 417

department with the intent to mislead or cause another person to 418

believe that such vehicle is an official vehicle of that agency 419

and is authorized to be used by that agency, unless such vehicle 420

is owned or operated by the appropriate agency and its use is 421

authorized by such agency, or the local law enforcement agency 422

or fire department authorizes the use of such vehicle, or the 423

person is appointed by the Governor pursuant to chapter 354. 424

(3) It is unlawful for a person to sell, transfer, or give 425

away the authorized badge, or colorable imitation thereof, 426

including miniatures, of any criminal justice agency as defined 427

in s. 943.045, or bearing in any manner or combination the word 428

or words “police,” “patrolman,” “sheriff,” “deputy,” “trooper,” 429

“highway patrol,” “commission officer,” “Wildlife Officer,” 430

“Marine Patrol Officer,” “marshal,” “constable,” “agent,” “state 431

attorney,” “public defender,” “bailiff,” or “fire department,” 432

or “Department of Environmental Protection officer,” with the 433

intent to mislead or cause another person to believe that he or 434

she is a member of that agency or is authorized to wear or 435


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display such item, except for agency purchases or upon the 436

presentation and recordation of both a driver license and other 437

identification showing any transferee to actually be a member of 438

such criminal justice agency or unless the person is appointed 439

by the Governor pursuant to chapter 354. A transferor of an item 440

covered by this subsection is required to maintain for 2 years a 441

written record of such transaction, including records showing 442

compliance with this subsection, and if such transferor is a 443

business, it shall make such records available during normal 444

business hours for inspection by any law enforcement agency 445

having jurisdiction in the area where the business is located. 446

(4) This section does not prohibit a fraternal, benevolent, 447

or labor organization or association, or their chapters or 448

subsidiaries, from using the following words, in any manner or 449

in any combination, if those words appear in the official name 450

of the organization or association: “police,” “patrolman,” 451

“sheriff,” “deputy,” “trooper,” “highway patrol,” “commission 452

officer,” “Wildlife Officer,” “Marine Patrol Officer,” 453

“marshal,” “constable,” “bailiff,” “fire department,” or 454

“Department of Environmental Protection officer.” or “fire 455

department.” 456

(5) Violation of any provision of this section is a 457

misdemeanor of the first degree, punishable as provided in s. 458

775.082 or s. 775.083. This section is cumulative to any law now 459

in force in the state. 460


read: 462

870.04 Specified officers to disperse riotous assembly.—If 463

any number of persons, whether armed or not, are unlawfully, 464


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riotously, or tumultuously assembled in any county, city, or 465

municipality, the sheriff or the sheriff’s deputies, or the 466

mayor, or any commissioner, council member, alderman, or police 467

officer of the city or municipality, or any officer or member of 468

the Florida Highway Patrol, or any officer or agent of the Fish 469

and Wildlife Conservation Commission or the Department of 470

Environmental Protection, any beverage enforcement agent, any 471

personnel or representatives of the Department of Law 472

Enforcement or its successor, or any other peace officer, shall 473

go among the persons so assembled, or as near to them as may be 474

done with safety, and shall in the name of the state command all 475

the persons so assembled immediately and peaceably to disperse. 476

If such persons do not thereupon immediately and peaceably 477

disperse, such officers shall command the assistance of all such 478

persons in seizing, arresting, and securing such persons in 479

custody. If any person present being so commanded to aid and 480

assist in seizing and securing such rioter or persons so 481

unlawfully assembled, or in suppressing such riot or unlawful 482

assembly, refuses or neglects to obey such command, or, when 483

required by such officers to depart from the place, refuses and 484

neglects to do so, the person shall be deemed one of the rioters 485

or persons unlawfully assembled, and may be prosecuted and 486

punished accordingly. 487

Section 17. Present paragraphs (b) through (l) of 488


redesignated as paragraphs (c) through (m), respectively, and a 490

new paragraph (b) is added to that subsection, to read: 491

932.7055 Disposition of liens and forfeited property.— 492

(6) If the seizing agency is a state agency, all remaining 493


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proceeds shall be deposited into the General Revenue Fund. 494

However, if the seizing agency is: 495

(b) The Department of Environmental Protection, the 496

proceeds accrued pursuant to the Florida Contraband Forfeiture 497

Act shall be deposited into the Internal Improvement Trust Fund, 498

the Water Quality Assurance Trust Fund, the Inland Protection 499

Trust Fund, the Coastal Protection Trust Fund, or the Solid 500

Waste Management Trust Fund, as specified by the statute under 501

which the violation occurs. 502

Section 18. For the purpose of incorporating the amendment 503

made by this act to section 784.07, Florida Statutes, in a 504

reference thereto, paragraph (a) of subsection (8) of section 505

790.166, Florida Statutes, is reenacted to read: 506

790.166 Manufacture, possession, sale, delivery, display, 507

use, or attempted or threatened use of a weapon of mass 508

destruction or hoax weapon of mass destruction prohibited; 509

definitions; penalties.— 510

(8) For purposes of this section, the term “weapon of mass 511

destruction” does not include: 512

(a) A device or instrument that emits or discharges smoke 513

or an offensive, noxious, or irritant liquid, powder, gas, or 514

chemical for the purpose of immobilizing, incapacitating, or 515

thwarting an attack by a person or animal and that is lawfully 516

possessed or used by a person for the purpose of self-protection 517

or, as provided in subsection (7), is lawfully possessed or used 518

by any member or employee of the Armed Forces of the United 519

States, a federal or state governmental agency, or a private 520

entity. A member or employee of a federal or state governmental 521

agency includes, but is not limited to, a law enforcement 522


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officer, as defined in s. 784.07; a federal law enforcement 523

officer, as defined in s. 901.1505; and an emergency service 524

employee, as defined in s. 496.404. 525

Section 19. If any provision of this act or the application 526

thereof to any person or circumstance is held invalid, the 527

invalidity does not affect other provisions or applications of 528

the act which can be given effect without the invalid provisions 529

or applications, and to this end the provisions of this act are 530

severable. 531


MIAF Bill Tracking Sorted by Bill NumberHB 9 Community Redevelopment Agencies LaMarca

Community Redevelopment Agencies: Specifies ethics training requirements for community redevelopment agencycommissioners; establishes procedures for appointing board of community redevelopment agency board members;requires referendum to create community redevelopment agency; establishes procurement procedures; providesreporting and boundary map requirements; provides termination dates for certain community redevelopment agencies;provides phaseout period for existing community redevelopment agencies; requires DEO to declare inactive certaincommunity redevelopment agencies; requires DEO to maintain website identifying inactive community redevelopmentagencies; specifies level of tax increment financing that governing body may establish; revises requirements for budgetsof community redevelopment agencies; revises requirements for annual audit. Effective Date: July 1, 20193/8/2019 HOUSE On Committee agenda Ways & Means Committee, 03/12/19, 4:00 pm, 17 H

HB 53 Single Subject Requirement for Revisions or Amendments to the Constitution Byrd

Single Subject Requirement for Revisions or Amendments to the Constitution: Proposes amendments to Sections 2 and6 of Article XI of the State Constitution to limit each revision or amendment to the Constitution proposed by theconstitution revision commission or the taxation and budget reform commission to one subject and matter directlyconnected therewith.3/5/2019 HOUSE Now in Judiciary Committee

SB 78 Public Financing of Construction Projects Rodriguez (J)

Public Financing of Construction Projects; Prohibiting statefinanced constructors from commencing construction ofcertain structures in coastal areas without first conducting a sea level impact projection study and having such studypublished and approved by the Department of Environmental Protection; requiring the department to develop by rulestandards for such studies; providing for enforcement; requiring the department to publish such studies on its website,subject to certain conditions, etc. Effective Date: 7/1/20193/7/2019 SENATE On Committee agenda Environment and Natural Resources, 03/12/19, 4:00 pm, 37 S

HB 85 Onsite Sewage Treatment and Disposal Systems Robinson

Onsite Sewage Treatment and Disposal Systems: Directs DOH to identify certain information for onsite sewagetreatment & disposal systems, update database of such systems, & submit report to Governor & Legislature; requiresperiodic inspection of such systems; directs DOH to administer onsite sewage treatment & disposal system inspectionprogram & adopt rules; provides inspection requirements; provides exceptions; requires owners to pay costs ofinspections & pumpouts; requires that inspections & pumpouts be performed by certain registered contractors; providesnotice requirements; requires system disclosure summary for certain properties & acknowledgement of such disclosuresby purchaser before or at execution of contract for sale. Effective Date: October 1, 20191/3/2019 HOUSE Now in Agriculture & Natural Resources Subcommittee

HB 87 Registration and Titling of Vehicles and Vessels Ponder

Registration and Titling of Vehicles and Vessels: Revises registration periods for certain vehicles; requires DHSMV todevelop methodology to prorate registration renewals for customers & implement changes made by act; provideslimitation; authorizes surviving spouse of motor vehicle owner to present certain death records when requestingregistration certificate & license plate transfer; authorizes new owner or surviving coowner of vessel to submit certaindeath records when applying for transfer of title. Effective Date: July 1, 20192/25/2019 HOUSE Placed on Calendar, on 2nd reading

HB 89 Verification of Employment Eligibility Altman

Verification of Employment Eligibility: Requires employers to register with & use EVerify system to verify employmenteligibility of new employees; suspends employer licenses until registration with EVerify system; provides for licensereinstatement; prohibits employer from knowingly employing unauthorized alien; authorizes complaint to be filed withDEO; provides specified immunity; requires DEO to maintain public database containing certain information & make suchinformation available on its website; authorizes injunctive relief; provides private cause of action & remedies; requirespublic employers, contractors, & subcontractors to register with & use EVerify system for specified purposes; prohibitssuch entities from entering into contract unless each party to contract registers with & uses EVerify system; authorizestermination of contract; authorizes challenge to such termination. Effective Date: July 1, 20191/3/2019 HOUSE Now in Workforce Development & Tourism Subcommittee

SB 92 C51 Reservoir Project Book

C51 Reservoir Project; Revising the portions of the C51 reservoir project for which the South Florida WaterManagement District may negotiate; revising water storage and use requirements specified for the project if state fundsare appropriated for the project; specifying that Phase II of the project may be funded by appropriation, in addition toother sources, etc. Effective Date: 7/1/20192/22/2019 SENATE Now in Appropriations

HB 95 C51 Reservoir Project Jacobs

C51 Reservoir Project: Revises portions of C51 reservoir project for which South Florida Water Management Districtmay negotiate; revises water storage & use requirements for project; specifies funding sources for Phase II of project;authorizes district to enter into certain agreements & request waiver for certain loan repayment; authorizes DEP to waiveloan repayment under certain conditions. Effective Date: July 1, 2019

3/7/2019 HOUSE Placed on Calendar, on 2nd reading HB 99 Shark Fins and Ray Parts Jacobs

Shark Fins and Ray Parts: Prohibits certain possession of shark fins & ray parts; provides exceptions; directs FWCC toadopt specified rules; provides & revises penalties. Effective Date: July 1, 20191/3/2019 HOUSE Now in Agriculture & Natural Resources Subcommittee

SB 134 Florida Black Bears Stewart

Florida Black Bears; Creating the "Florida Black Bear Protection Act"; prohibiting the Fish and Wildlife ConservationCommission from allowing the recreational hunting of Florida black bears mothering cubs that weigh less than 100pounds under a Florida black bear hunting permit; specifying a penalty for the unlawful harvesting of saw palmettoberries on state lands; prohibiting prescribed burns in certain designated habitats during specified times, etc. EffectiveDate: 7/1/20191/10/2019 SENATE Referred to Environment and Natural Resources; Agriculture; Criminal Justice; Rules

HB 141 Water Quality Improvements Fine

Water Quality Improvements: Provides appropriation for certain projects related to Indian River Lagoon ComprehensiveConservation & Management Plan; authorizes DEP, with other specified entities, to provide grants for such projects;directs DEP to submit an annual report; requires each wastewater facility that unlawfully discharges sewage intowaterway or aquifer to notify its customers; provides penalties. Effective Date: July 1, 20193/8/2019 HOUSE On Committee agenda Agriculture & Natural Resources Subcommittee, 03/12/19, 1:30 pm, 12

H SB 146 Advanced Well Stimulation Treatment Stewart

Advanced Well Stimulation Treatment; Defining the term “advanced well stimulation treatment”; prohibiting theperformance of advanced well stimulation treatments; clarifying that permits for drilling or operating a well do notauthorize the performance of advanced well stimulation treatments, etc. Effective Date: Upon becoming a law1/10/2019 SENATE Referred to Environment and Natural Resources; Innovation, Industry, and Technology;

Appropriations SB 164 Verification of Employment Eligibility Bean

Verification of Employment Eligibility; Requiring employers to register with and use the EVerify system beginning on aspecified date to verify the employment eligibility of new employees; requiring the Department of Economic Opportunityto order certain agencies to suspend an employer’s license under certain circumstances; prohibiting the department fromindependently making a final determination regarding whether an employee is an unauthorized alien; requiring publicemployers, contractors, and subcontractors to register with and use the EVerify system, etc. Effective Date: 7/1/20191/10/2019 SENATE Referred to Judiciary; Commerce and Tourism; Appropriations Subcommittee on

Transportation, Tourism, and Economic Development; Appropriations HB 169 Public Financing of Construction Projects Fernández

Public Financing of Construction Projects: Prohibits statefinanced constructors from commencing construction of certainstructures in coastal areas without first conducting sea level impact projection study & having such study published &approved by DEP; requires department to develop by rule standards for such studies; provides for enforcement; requiresdepartment to publish such studies on its website; requires department to enforce certain requirements & to adopt rules.Effective Date: July 1, 20191/16/2019 HOUSE Now in Agriculture & Natural Resources Subcommittee

SB 216 Water Quality Improvements Gruters

Water Quality Improvements; Providing an appropriation for certain projects related to the Indian River LagoonComprehensive Conservation and Management Plan; requiring each wastewater facility that unlawfully dischargessewage into a waterway or aquifer to notify its customers within a specified period; providing penalties for wastewatertreatment facilities that unlawfully discharge sewage into designated areas, etc. Effective Date: 7/1/20193/7/2019 SENATE On Committee agenda Environment and Natural Resources, 03/12/19, 4:00 pm, 37 S

SB 234 Registration and Titling of Vehicles and Vessels Baxley

Registration and Titling of Vehicles and Vessels; Revising registration periods for certain vehicles; authorizing theDepartment of Highway Safety and Motor Vehicles to develop and employ methods to implement changes made by theact; authorizing a surviving spouse of a motor vehicle owner to present certain death records when requesting aregistration certificate and license plate transfer; authorizing a new owner or surviving coowner of a vessel to submitcertain death records when applying for transfer of title, etc. Effective Date: Except as otherwise expressly provided inthis act, this act shall take effect July 1, 20193/6/2019 SENATE On Committee agenda Judiciary, 03/11/19, 4:00 pm, 110 S

HB 239 Advanced Well Stimulation Treatment Fitzenhagen

Advanced Well Stimulation Treatment: Prohibits performance of advanced well stimulation treatments; provides thatpermits for drilling or operating wells do not authorize performance of advanced well treatments; provides applicability.Effective Date: upon becoming a law1/23/2019 HOUSE Now in Agriculture & Natural Resources Subcommittee

HB 249 Repeal of Constitution Revision Commission Drake

Repeal of Constitution Revision Commission: Proposes amendments to State Constitution to repeal establishment,membership selection & composition, & duties of Constitution Revision Commission.2/15/2019 HOUSE Now in State Affairs Committee

HB 251 Constitution Revision Commission Drake

Constitution Revision Commission: Repeals references to Constitution Revision Commission, powers of chair, &assistance by state & local agencies. Effective Date: the effective date of the amendment to the State Constitutionproposed by HJR 249 or a similar joint resolution having substantially the same specific intent and purpose2/14/2019 HOUSE Now in State Affairs Committee

HB 291 Growth Management McClain

Growth Management: Requires comprehensive plan to include property rights element; provides statement of rights thatlocal government may use; requires local government to adopt property rights element by specified date; provides thatlocal government's property rights element may not conflict with statutorily provided statement rights. Effective Date: July1, 20192/21/2019 HOUSE Now in Commerce Committee

HB 309 RailroadHighway Grade Crossings Duggan

RailroadHighway Grade Crossings: Prohibits railroad train from blocking public highway, street, or road at railroadhighway grade crossing for more than specified time period; provides exceptions; provides civil penalties; exemptscertain persons from liability for violations. Effective Date: July 1, 20191/23/2019 HOUSE Now in Transportation & Infrastructure Subcommittee

SB 314 Advanced Well Stimulation Treatment Montford

Advanced Well Stimulation Treatment; Defining the terms “highpressure well stimulation” and “matrix acidization”;prohibiting the performance of highpressure well stimulation treatments or matrix acidization; clarifying that permits fordrilling or operating a well do not authorize the performance of highpressure well stimulation treatments or matrixacidization; requiring the Department of Environmental Protection to conduct a study on highpressure well stimulationand matrix acidization, etc. Effective Date: Upon becoming a law2/15/2019 SENATE Now in Innovation, Industry, and Technology

SB 320 Residential Conservation Programs Hooper

Residential Conservation Programs; Authorizing the Fish and Wildlife Conservation Commission to organize, staff, equip,and operate residential conservation programs for a specified purpose, etc. Effective Date: 7/1/20193/8/2019 SENATE On Committee agenda Appropriations Subcommittee on Agriculture, Environment and

General Government, 03/13/19, 1:30 pm, 110 S HB 331 Nontransferable Tickets Rodriguez (AM)

Nontransferable Tickets: Requires ticket issuers to offer option for transferable tickets; prohibits discrimination againstholders of such tickets; provides civil penalties.Effective Date: July 1, 20192/28/2019 HOUSE Withdrawn prior to introduction

SB 336 Local Tax Referenda Brandes

Local Tax Referenda; Providing that a referendum to adopt or amend a local discretionary sales surtax must be held at ageneral election, etc. Effective Date: Upon becoming a law2/21/2019 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference, 02/22/19, 1:30

pm, 117 K (No Votes Will Be Taken) HB 347 Towingstorage Operator Liens Rodriguez (AM)

Towingstorage Operator Liens: Requires certain lien notices be sent through thirdparty mailing service; requires thirdparty mailing services to apply to DHSMV; requires department to approve application if certain conditions are met;authorizes department to deny, suspend, or revoke its approval; requires thirdparty mailing service to maintain certainrecords for specified period & allow inspection of such records by department. Effective Date: July 1, 20191/30/2019 HOUSE Now in Transportation & Infrastructure Subcommittee

SB 352 Shark Fins and Ray Parts Gruters

Shark Fins And Ray Parts; Prohibiting the possession, sale or offer to sell, purchase or offer to purchase, or distributionof shark fins and ray parts, instead of only the possession of separated shark fins, under specified circumstances, etc.Effective Date: 10/1/20191/25/2019 SENATE Referred to Environment and Natural Resources; Criminal Justice; Rules

SB 362 Abolishing the Constitution Revision Commission Brandes

Abolishing the Constitution Revision Commission; Proposing amendments to the State Constitution to abolish theConstitution Revision Commission, etc.2/19/2019 SENATE Now in Rules

SB 368 Land Acquisition Trust Fund Harrell

Land Acquisition Trust Fund; Providing an appropriation for certain projects related to the Indian River LagoonComprehensive Conservation and Management Plan; authorizing the Department of Environmental Protection to makegrants for such projects, etc. Effective Date: 7/1/2019

3/7/2019 SENATE On Committee agenda Environment and Natural Resources, 03/12/19, 4:00 pm, 37 S SB 376 Land Acquisition Trust Fund Montford

Land Acquisition Trust Fund; Requiring that certain funds distributed into the Land Acquisition Trust Fund be used forconservation and management projects in certain counties; providing the types of projects for which the Department ofEnvironmental Protection may use such funds; authorizing the department to distribute such funds to the appropriateagency, etc. Effective Date: 7/1/20193/7/2019 SENATE Now in Appropriations Subcommittee on Agriculture, Environment, and General Government

HB 377 Residential Conservation Programs Stone

Residential Conservation Programs: Authorizes FWCC to organize & operate certain conservation education & trainingprograms; provides for implementation of programs.Effective Date: July 1, 20193/6/2019 HOUSE Now in State Affairs Committee

HB 389 Notice of Tobacco Smoking Policy on Rental Premises GoffMarcil

Notice of Tobacco Smoking Policy on Rental Premises: Requires certain persons to provide written notice of tobaccosmoking policy to tenant or potential tenant that includes certain information before entering into rental agreement;requires such persons to obtain written acknowledgment of receipt of notice before entering into rental agreement.Effective Date: July 1, 20191/30/2019 HOUSE Now in Civil Justice Subcommittee

HB 393 Employment Practices Joseph

Employment Practices: Requires employer to allow certain employees to take paid family leave for certain purposes;specifies limitations & duties related to employer's administration of family leave; provides family leave requirements;provides responsibilities and powers of DEO; provides penalties; authorizes civil action; authorizes award of specifiedcompensation, damages, & fees; provides protections for employee who acts in good faith; prohibits employee fromtaking certain actions in bad faith; authorizes department to adopt rules; prohibits specified employment practices;provides certain rights for employee who is disabled from pregnancy, childbirth, or related medical condition; reenacts &revises provisions relating to administrative & civil remedies for violations of Florida Civil Rights Act of 1992. EffectiveDate: July 1, 20191/30/2019 HOUSE Now in Business & Professions Subcommittee

HB 399 Millage Notices DiCeglie

Millage Notices: Authorizes property appraiser to make proposed property tax & nonad valorem assessment noticesavailable on website in lieu of mailing notices; requires property appraiser to hold public hearing before posting notices;specifies items included on property appraiser's website; requires property appraiser to mail notice containing specifiedinformation for specified timeframe after implementing webbased noticing system; specifies items that must be includedon website to inform new property owners of their options for receiving notification of notices & their appeal rights;revises dates within which taxpayers may petition value adjustment board on valuation issues. Effective Date: July 1,20192/13/2019 HOUSE Now in Ways & Means Committee

SB 404 Strategic Fuel Reserve Farmer, Jr.

Strategic Fuel Reserve; Creating the Florida Strategic Fuel Reserve Task Force within the Division of EmergencyManagement to develop a recommended strategic fuel reserve plan for an emergency or disaster, etc. Effective Date:7/1/20192/20/2019 SENATE Now in Governmental Oversight and Accountability

HB 405 St. Johns River Upper Basin Watershed Pollutant Control Program Grall

St. Johns River Upper Basin Watershed Pollutant Control Program: Provides that St. Johns River Upper BasinWatershed Pollutant Control Program consists of St. Johns River Upper Basin Watershed Basin Management ActionPlan; requires implementation of specified regulations, best management practices, & alternative technologies forpollutant reduction; provides that certain projects are eligible for grants; requires plan to include certain assessments &recommendations; prohibits DEP from authorizing disposal of domestic wastewater biosolids within watershed; directsDOH to require certain entities to develop & submit agricultural use plans; direct DACS & St. Johns River WaterManagement District to initiate specified rulemaking. Effective Date: July 1, 20193/8/2019 HOUSE On Committee agenda Agriculture & Natural Resources Subcommittee, 03/12/19, 1:30 pm, 12

H PCS HB 417 Workplace Sexual Harassment Eskamani

Workplace Sexual Harassment: Requires Florida Commission on Human Relations to create & publish model sexualharassment prevention policy & model sexual harassment prevention training program; requires employers to use modelpolicy & program. Effective Date: January 1, 20201/30/2019 HOUSE Now in Civil Justice Subcommittee

HB 419 Discrimination in Labor and Employment Joseph

Discrimination in Labor and Employment: Prohibits employer from providing less favorable employment opportunities toemployees based on sex, with exceptions; provides affirmative defense; provides civil penalties; provides exemption forminority business enterprises; prohibits employer from taking certain employment actions against employees; prohibitsemployer from engaging in certain activities relating to employee wages & benefits or requiring employees to sign certain

waivers & documents; authorizes employer to confirm wage or salary history under certain conditions. Effective Date:July 1, 20193/3/2019 HOUSE Withdrawn prior to introduction

SB 428 Growth Management Perry

Growth Management; Requiring a local government’s comprehensive plan to include a property rights element; providinga statement of rights that a local government may use; requiring each local government to adopt a property rightselement by a specified date, etc. Effective Date: 7/1/20192/1/2019 SENATE Referred to Community Affairs; Judiciary; Rules

SB 430 Prohibited Discrimination Rouson

Prohibited Discrimination; Citing this act as as the “Florida Competitive Workforce Act”; adding sexual orientation andgender identity as impermissible grounds for discrimination in public lodging establishments and public food serviceestablishments; providing an exception for constitutionally protected free exercise of religion; revising the purposes of theFlorida Civil Rights Act of 1992 to conform to changes made by the act; defining the terms “gender identity” and “sexualorientation”, etc. Effective Date: 7/1/20192/1/2019 SENATE Referred to Governmental Oversight and Accountability; Judiciary; Rules

SB 432 Employment Conditions Gruters

Employment Conditions; Prohibiting a political subdivision from establishing, mandating, or otherwise requiring anemployer to offer conditions of employment not otherwise required by state or federal law; specifying that certainrequirements related to minimum wage and other conditions of employment are expressly preempted to the state, etc.Effective Date: Upon becoming a law3/7/2019 SENATE On Committee agenda Governmental Oversight and Accountability, 03/12/19, 1:30 pm, 301 S

SB 436 Use of Vessel Registration Fees Hooper

Use of Vessel Registration Fees; Authorizing a portion of county or municipal vessel registration fees to be used forspecified additional purposes, etc.Effective Date: 7/1/20193/6/2019 SENATE Now in Environment and Natural Resources

HB 437 Community Development Districts Buchanan

Community Development Districts: Specifies procedure for establishing & adding parcels to new communitydevelopment districts; provides noticing & filing requirements; specifies that expansion of district's boundaries does notalter voting methods; authorizes use of existing procedures for adding parcels to community development districts.Effective Date: July 1, 20193/7/2019 HOUSE Now in Ways & Means Committee

SB 438 Prohibited Discrimination Gruters

Prohibited Discrimination; Citing this act as the "Florida Inclusive Workforce Act"; revising the purposes of the FloridaCivil Rights Act of 1992 to conform to changes made by the act; revising provisions regarding remedies for unlawfuldiscrimination to include discrimination based on sexual orientation and gender identity in the area of employment, toconform to changes made by the act; adding sexual orientation and gender identity as impermissible grounds fordiscrimination with respect to specified unlawful employment practices, etc. Effective Date: 7/1/20192/1/2019 SENATE Referred to Governmental Oversight and Accountability; Judiciary; Rules

HB 443 Assessment of Property Rodriguez (Ant)

Assessment of Property: Authorizes local governments to enter into agreements with certain property owners to recordspecified restrictive covenants over their properties related to affordable housing; authorizes such covenants to containresale restrictions & to be changed & updated; requires property owners to consider such restrictive covenants in arrivingat just value of such properties; specifies that such restrictive covenants & changes & updates to & resale restrictions incovenants are deemed land use regulation; revises requirements that allow property appraisers to exempt certainproperty from tangible personal property tax. Effective Date: July 1, 20192/13/2019 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference, 02/15/19, 1:30

pm, 117 K (No Votes Will Be Taken) SB 474 Discrimination in Labor and Employment Stewart

Discrimination in Labor and Employment; Creating the “Senator Helen Gordon Davis Fair Pay Protection Act”; prohibitingan employer from providing less favorable employment opportunities to employees based on their sex; prohibiting anemployer from taking certain employment actions against employees; prohibiting an employer from engaging in certainactivities relating to wages and benefits, etc. Effective Date: 7/1/20192/8/2019 SENATE Referred to Commerce and Tourism; Judiciary; Rules

HB 475 Certificates of Title for Vessels Williamson

Certificates of Title for Vessels: Revises & provides requirements for application for and issuance of certificate of title forvessel; revises & provides duties of DHSMV related to issuance, renewal, replacement, or cancellation of certificate;revises & provides requirements for transferring ownership interest; specifies that certain information is public record;provides requirements related to security interest in vessel; provides for rights of vessel purchasers; provides for repealof certain provisions on specified dates; provides that principles & law of equity supplement provisions of act; authorizesDHSMV to adopt rules; provides construction & applicability regarding transactions, certificates of title, & records entered

into or created, actions or proceedings commenced, & security interests perfected before effective date of act. EffectiveDate: July 1, 20223/8/2019 HOUSE Committee Substitute Text (C1) Filed

HB 485 Prohibited Discrimination Webb

Prohibited Discrimination: Provides that sexual orientation & gender identity are impermissible grounds for discriminationin public lodging establishments & public food service establishments; revises provisions of Florida Civil Rights Act of1992 & Fair Housing Act to include sexual orientation & gender identity; provides exception for constitutionally protectedfree exercise of religion. Effective Date: July 1, 20191/30/2019 HOUSE Now in Civil Justice Subcommittee

HB 493 Social Media Accounts Privacy Hart

Social Media Accounts Privacy: Prohibits employer from requesting or requiring access to social media account ofemployee or prospective employee; prohibits employer from taking retaliatory personnel action against employee orfailing or refusing to hire prospective employee as result of employee's refusal to allow access to his or her social mediaaccount; provides for civil action; requires that civil action be brought within specified timeframe; provides for fees &costs. Effective Date: October 1, 20191/30/2019 HOUSE Now in Workforce Development & Tourism Subcommittee

HB 497 Sanitary Sewer Laterals Webb

Sanitary Sewer Laterals: Defines "sanitary sewer lateral"; requires districts to notify homeowners if they discover leakysanitary sewer lateral on homeowner's property; specifies that homeowner is not required to take action; requiresdistricts to notify specified homeowners for past discoveries of leaky sanitary sewer laterals; requires certain districts tocreate publicly accessible databases for certain purposes; provides that certain districts are not liable for failure tomaintain records of notifications. Effective Date: July 1, 20191/30/2019 HOUSE Now in Local, Federal & Veterans Affairs Subcommittee

HB 507 Annual Business Organization Reports and Fees Hage

Annual Business Organization Reports and Fees: Authorizes domestic & foreign limited liability companies, corporations,corporations not for profit, limited partnerships, & limited liability corporations to submit biennial reports to DOS;establishes biennial report filing fee & biennial supplemental corporate fee; authorizes DOS to escrow amount necessaryto annualize revenues collected from biennial report filing fees & biennial supplemental corporate fees. Effective Date:July 1, 20191/30/2019 HOUSE Now in Business & Professions Subcommittee

HB 517 Minimum Wage Jacquet

Minimum Wage: Revises formula for adjusted state minimum wage. Effective Date: July 1, 20191/30/2019 HOUSE Now in Workforce Development & Tourism Subcommittee

HB 521 Wetland Mitigation McClure

Wetland Mitigation: Providing applicability. Effective Date: July 1, 20193/8/2019 HOUSE On Committee agenda Agriculture & Natural Resources Subcommittee, 03/12/19, 1:30 pm, 12

H HB 529 Use of Vessel Registration Fees Mariano

Use of Vessel Registration Fees: Authorizes portion of county or municipal vessel registration fees to be used forspecified purposes. Effective Date: July 1, 20193/8/2019 HOUSE On Committee agenda Local, Federal & Veterans Affairs Subcommittee, 03/12/19, 8:30 am, 12

H SB 532 Wetland Mitigation Lee

Wetland Mitigation; Revising the conditions under which a governmental entity may create or provide mitigation for aproject other than its own under certain circumstances, etc. Effective Date: 7/1/20193/7/2019 SENATE Now in Appropriations Subcommittee on Agriculture, Environment, and General Government

HB 555 Land Acquisition Trust Fund Drake

Land Acquisition Trust Fund: Requires that certain funds distributed into Land Acquisition Trust Fund be used forconservation & management projects in certain counties; provides types of projects for which DEP may use such funds.Effective Date: July 1, 20192/6/2019 HOUSE Now in Agriculture & Natural Resources Subcommittee

SB 564 Truth In Millage Notices Hooper

Truth In Millage Notices; Authorizing property appraisers to make notices of proposed property taxes available on theirwebsites in lieu of mailing the notices; authorizing property appraisers to use electronic technology and devices forcertain formatting purposes; revising timeframes for filing petitions with the value adjustment board as to valuationissues, etc. Effective Date: 7/1/20192/8/2019 SENATE Referred to Community Affairs; Finance and Tax; Appropriations

SB 568 Assessment of Property Diaz

Assessment of Property; Authorizing local governments to enter into agreements with certain property owners to

authorize the local governments to record specified restrictive covenants related to affordable housing; authorizing suchcovenants to contain resale restrictions and to be amended or supplemented under certain circumstances; requiringproperty appraisers to consider such restrictive covenants in arriving at the just value of such properties, etc. EffectiveDate: 7/1/20193/7/2019 SENATE On Committee agenda Community Affairs, 03/12/19, 4:00 pm, 301 S

HB 573 Strategic Fuel Reserve Casello

Strategic Fuel Reserve: Creates Florida Strategic Fuel Reserve Task Force within DEM to develop strategic fuel reserveplan for emergencies or disasters; requires DEM to provide administrative & support services; specifies membership oftask force; requires task force to elect chair & vice chair; requires task force to submit recommended plan to Governor &Legislature. Effective Date: July 1, 2019.2/6/2019 HOUSE Now in Transportation & Infrastructure Subcommittee

SB 580 Taxation of Aircraft Sales and Leases Bean

Taxation of Aircraft Sales and Leases; Decreasing the sales tax rate on aircraft sales and leases; decreasing themaximum applicable sales tax rate under the flyable aircraft partial sales tax exemption, etc. Effective Date: 7/1/20193/7/2019 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference, 03/08/19, 1:00

pm, 117 K (No Votes Will Be Taken) SB 608 Railroadhighway Grade Crossings Bean

Railroadhighway Grade Crossings; Prohibiting a railroad train from blocking a public highway, street, or road at arailroadhighway grade crossing for more than a specified time; exempting certain persons from liability for violationsunder certain circumstances, etc. Effective Date: 7/1/20192/15/2019 SENATE Referred to Infrastructure and Security; Judiciary; Appropriations Subcommittee on

Transportation, Tourism, and Economic Development; Appropriations SB 628 Water Resources Albritton

Water Resources; Revising requirements for the Office of Economic and Demographic Research’s annual assessment ofthis state’s water resources and conservation lands; requiring the office to consult with the Department of EnvironmentalProtection; requiring the assessment to be submitted to the Legislature by a specified date, etc. Effective Date: 7/1/20192/15/2019 SENATE Referred to Environment and Natural Resources; Infrastructure and Security; Appropriations

HB 641 Community Development District Bond Financing Andrade

Community Development District Bond Financing: Requires district boards to authorize bonds by twothirds majorityvote. Effective Date: October 1, 20193/8/2019 HOUSE On Committee agenda Ways & Means Committee, 03/12/19, 4:00 pm, 17 H

HB 645 Disaster Recovery Trumbull

Disaster Recovery: Authorizes specified counties to levy discretionary sales surtax; authorizes political subdivisions todeclare local emergency irrespective of number of political subdivisions it affects; revises number of days each state ofemergency is effective; specifies conditions & areas in which certain counties or their authorized collectors may removedebris as result of declared local or state emergency. Effective Date: upon becoming a law2/21/2019 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference, 02/22/19, 1:30

pm, 117 K (No Votes Will Be Taken) SB 660 Transportation Brandes

Transportation; Requiring the Department of Transportation to consist of a central office that establishes policies andprocedures and districts that carry out projects as authorized or required under the policies and procedures of the centraloffice; prohibiting the driver of any vehicle from following another vehicle more closely than is reasonable and prudentgiven certain circumstances; revising the number of times that certain persons may elect to attend a basic driverimprovement course; providing requirements, beginning on a specified date, for license plates, cab cards, and validationstickers for vehicles registered in accordance with the International Registration Plan; directing the department toimplement protocols for issuing an optional electronic credential and to procure a related technology system, etc.Effective Date: Except as otherwise expressly provided in this act and except for this section, which shall take effectupon this act becoming a law, this act shall take effect October 1, 20192/15/2019 SENATE Referred to Infrastructure and Security; Appropriations Subcommittee on Transportation,

Tourism, and Economic Development; Appropriations SB 676 Certificates of Title for Vessels Hooper

Certificates of Title for Vessels; Designating the “Uniform Certificate of Title for Vessels Act”; revising requirements forapplication for, and information to be included in, a certificate of title for a vessel; requiring the Department of HighwaySafety and Motor Vehicles to retain certain information relating to ownership and titling of vessels; providing duties of thedepartment relating to creation, issuance, refusal to issue, or cancellation of a certificate of title; providing for the rights ofa purchaser of a vessel who is not a secured party; providing rules for the transfer of ownership in a vessel, etc. EffectiveDate: 10/1/20192/15/2019 SENATE Referred to Infrastructure and Security; Appropriations Subcommittee on Transportation,

Tourism, and Economic Development; Appropriations SB 690 Single Subject Limitation for Taxation and Budget Reform Commission Rodriguez (J)

Single Subject Limitation for Taxation and Budget Reform Commission; Proposing an amendment to the State

Constitution to require that any proposals to revise the State Constitution, or any part thereof, filed by the Taxation andBudget Reform Commission be limited to a single subject, etc.3/7/2019 SENATE On Committee agenda Ethics and Elections, 03/12/19, 4:00 pm, 412 K

SB 692 Employment Practices Cruz

Employment Practices; Creating the "Florida Family Leave Act"; requiring an employer to allow certain employees totake paid family leave to bond with a new child upon the child’s birth, adoption, or foster care placement; requiring thatfamily leave be taken concurrently with any leave taken pursuant to federal family and medical leave provisions;requiring an employer to provide notice to employees of the right to paid family leave, etc. Effective Date: 7/1/20192/15/2019 SENATE Referred to Commerce and Tourism; Appropriations Subcommittee on Agriculture,

Environment, and General Government; Appropriations HB 707 Drugfree Workplaces DiCeglie

Drugfree Workplaces: Revises contents of employer policy statement with respect to employee drug use; revisesfrequency of followup testing; revises specimen collection, verification, & documentation procedures; revisesrequirements for confirmation testing. Effective Date: July 1, 20192/13/2019 HOUSE Now in Workforce Development & Tourism Subcommittee

SB 708 Sale of Sunscreen Stewart

Sale of Sunscreen; Prohibiting the sale, offer for sale, or distribution of certain sunscreen products to a consumer whodoes not have a prescription for such product, etc. Effective Date: 7/1/20192/15/2019 SENATE Referred to Environment and Natural Resources; Commerce and Tourism; Rules

SB 728 Growth Management Lee

Growth Management; Authorizing sufficiently contiguous lands located within the county or municipality which apetitioner anticipates adding to the boundaries of a new community development district to also be identified in a petitionto establish the new district under certain circumstances; providing requirements for the petition; providing notificationrequirements for the petition, etc. Effective Date: Upon becoming a law3/7/2019 SENATE On Committee agenda Community Affairs, 03/12/19, 4:00 pm, 301 S

SB 736 Nontransferable Tickets Hutson

Nontransferable Tickets; Authorizing a ticket issuer to employ a nontransferable ticketing system only under specifiedcircumstances; prohibiting a ticket buyer or seller from being penalized, discriminated against, or denied access to anevent under certain circumstances, etc. Effective Date: 7/1/20192/15/2019 SENATE Referred to Innovation, Industry, and Technology; Judiciary; Rules

HB 757 Lakes and Lagoons Massullo, Jr.

Lakes and Lagoons: Excludes manmade lakes & lagoons over certain size from definitions of terms "public swimmingpool" & "swimming pool" for certain purposes. Effective Date: July 1, 20192/20/2019 HOUSE Now in Health Quality Subcommittee

SB 826 Towingstorage Operator Liens Rouson

Towingstorage Operator Liens; Requiring that certain lien notices be sent through an electronic thirdparty mailingservice; requiring electronic thirdparty mailing services to apply to the Department of Highway Safety and MotorVehicles for approval; requiring an electronic thirdparty mailing service to maintain certain records for a specifiedtimeframe and to allow inspection of such records by the department, etc. Effective Date: 7/1/20192/15/2019 SENATE Referred to Judiciary; Infrastructure and Security; Appropriations

HB 829 Attorney Fees and Costs Sabatini

Attorney Fees and Costs: Provides that local governments may enact legislation on any subject unless expresslypreempted to state; provides for award of attorney fees & costs in successful actions challenging local legislation aspreempted to state; provides for withdrawal of motion for attorney fees if challenged legislation is withdrawn or correctedwithin specified period. Effective Date: July 1, 20192/20/2019 HOUSE Now in Civil Justice Subcommittee

HB 847 Preemption of Conditions of Employment Rommel

Preemption of Conditions of Employment: Preempts to state the right to regulate conditions of employment by anemployer; voids existing ordinance, regulation, or policy that is preempted by act. Effective Date: upon becoming a law2/20/2019 HOUSE Now in Workforce Development & Tourism Subcommittee

SB 866 Workplace Sexual Harassment and Sexual Assault Berman

Workplace Sexual Harassment and Sexual Assault; Prohibiting an employer from requiring an employee to sign anondisclosure agreement, waiver, or other document, as a condition of employment, to prevent the employee fromdisclosing sexual harassment or sexual assault; prohibiting an employer from discharging or retaliating against anemployee for disclosing or discussing workplace sexual harassment or sexual assault, etc. Effective Date: 10/1/20192/19/2019 SENATE Referred to Commerce and Tourism; Judiciary; Rules

SB 890 Drugfree Workplaces Baxley

Drugfree Workplaces; Revising the contents of an employer policy statement with respect to employee drug use;revising the frequency of followup testing; revising specimen collection, verification, and documentation procedures, etc.

Effective Date: 7/1/20192/19/2019 SENATE Referred to Commerce and Tourism; Judiciary; Rules

SB 944 Land Acquisition Trust Fund Stewart

Land Acquisition Trust Fund; Requiring a specified annual appropriation to the Florida Forever Trust Fund; prohibitingmoneys from the Land Acquisition Trust Fund from being used for specified costs, etc. Effective Date: 7/1/20193/7/2019 SENATE On Committee agenda Environment and Natural Resources, 03/12/19, 4:00 pm, 37 S

SB 946 Background Screening Powell

Background Screening; Prohibiting employers from excluding applicants from an initial interview for employment undercertain conditions; requiring the Department of Economic Opportunity to enforce the act, etc. Effective Date: 7/1/20192/19/2019 SENATE Referred to Commerce and Tourism; Governmental Oversight and Accountability;

Appropriations HB 957 Petroleum Restoration Perez

Petroleum Restoration: Requires limited contamination assessment reports & Petroleum Cleanup Participation Programsite rehabilitation agreements to include cost savings; removes requirements for demonstration & determination ofcopayment & assessment report requirements; requires advanced cleanup applications to include agreements forcontinued program participation & conceptual proposed courses of actions; removes provisions prohibiting refund ofcontamination assessment report costs from Inland Protection Trust Fund; requires selected agency term contractors tosubmit scopes of work for limited contamination assessments to DEP; directs DEP to issue purchase orders. EffectiveDate: July 1, 20192/28/2019 HOUSE Now in Agriculture & Natural Resources Subcommittee

SB 974 Damaged, Dismantled, Derelict, or Salvage Motor Vehicles Perry

Damaged, Dismantled, Derelict, or Salvage Motor Vehicles; Authorizing a certain notice sent by certified mail that amotor vehicle is available for pickup to be sent by another commercially available delivery service that provides proof ofdelivery; requiring the notice to state that the owner has a specified period during which to pick up the vehicle;authorizing an independent entity to apply for a certificate of destruction or a certificate of title if the vehicle is not claimedwithin a specified time after the delivery or attempted delivery of the notice, etc. Effective Date: Except as otherwiseexpressly provided in this act, this act shall take effect July 1, 20193/7/2019 SENATE On Committee agenda Infrastructure and Security, 03/12/19, 4:00 pm, 110 S

HB 1053 Department of Highway Safety and Motor Vehicles Brannan III

Department of Highway Safety and Motor Vehicles: Revises & provides requirements relating to compliance with federalcommercial motor vehicle regulations, investigations & inspections by DHSMV, apportionable vehicles, the InternationalRegistration Plan, identification cards & driver licenses, motor vehicle dealer licensing, inspection of rebuilt vehicles,crash reports, electronic transactions, & truancy reporting. Effective Date: July 1, 20193/8/2019 HOUSE On Committee agenda Transportation & Infrastructure Subcommittee, 03/12/19, 12:30 pm, 102

H SB 1054 Community Redevelopment Agencies Lee

Community Redevelopment Agencies; Prohibiting a person from lobbying a community redevelopment agency until he orshe has registered as a lobbyist with that agency; authorizing an agency to establish an annual lobbyist registration fee,not to exceed a specified amount; requiring ethics training for community redevelopment agency commissioners; revisingthe list of projects that are prohibited from being financed by increment revenues; specifying the level of tax incrementfinancing that a governing body may establish for funding the redevelopment trust fund, etc. Effective Date: 7/1/20192/22/2019 SENATE Referred to Community Affairs; Appropriations Subcommittee on Transportation, Tourism, and

Economic Development; Appropriations SB 1056 Florida Disaster Resilience Task Force Rodriguez (J)

Florida Disaster Resilience Task Force; Establishing the task force adjunct to the Department of EnvironmentalProtection; providing the purpose and membership of the task force; requiring the appointees to be experts fromspecified subject areas, etc. Effective Date: 7/1/20192/22/2019 SENATE Referred to Environment and Natural Resources; Innovation, Industry, and Technology; Rules

HB 1121 Citizen Support Organizations Altman

Citizen Support Organizations: Requires that contracts between DEP & citizen support organization include specifiedprovision; requires DEP to submit report to Legislature; abrogates scheduled repeal of provisions governing DEP &FWCC citizen support organizations; authorizes court to order persons convicted of certain violations to pay additionalassessment; authorizes specified citizen support organization to post certain rewards. Effective Date: July 1, 20193/8/2019 HOUSE On Committee agenda Agriculture & Natural Resources Subcommittee, 03/12/19, 1:30 pm, 12

H HB 1135 Florida Red Tide Mitigation and Technology Development Initiative Grant (M)

Florida Red Tide Mitigation and Technology Development Initiative: Establishes Florida Red Tide Mitigation & TechnologyDevelopment Initiative; provides purpose & goal of initiative; provides for funding; requires initiative to submit annualreport; establishes Initiative Technology Advisory Council; provides for meetings, membership, terms of office, &compensation of council; provides for expiration of initiative; provides appropriations. Effective Date: July 1, 20193/4/2019 HOUSE Now in Agriculture & Natural Resources Subcommittee

SB 1140 Attorney Fees and Costs Hutson

Attorney Fees and Costs; Waiving the sovereign immunity of local governments for liability for certain attorney fees andcosts; providing for award of attorney fees and costs and damages in successful civil actions challenging localordinances as being preempted by the State Constitution or state law; prohibiting an award of attorney fees and costsunder certain circumstances, etc. Effective Date: 7/1/20192/28/2019 SENATE Referred to Judiciary; Community Affairs; Rules

SB 1148 Vehicles for Rent or Lease Perry

Vehicles for Rent or Lease; Authorizing an electronic copy of certain rental or lease documentation to be in thepossession of the vehicle operator or carried in the vehicle and to be exhibited upon demand of any authorized lawenforcement officer or any agent of the Department of Highway Safety and Motor Vehicles; prohibiting a person fromrenting a motor vehicle to another person unless he or she has verified that the renter’s driver license is unexpired, etc.Effective Date: 7/1/20192/28/2019 SENATE Referred to Infrastructure and Security; Appropriations Subcommittee on Transportation,

Tourism, and Economic Development; Appropriations HB 1149 Workforce Retention Hattersley

Workforce Retention: Requires employers intending to relocate out of state or cease operation to notify DBPR; providespenalty; requires DBPR to compile list of employers that relocate or cease operation; provides that such employers areineligible for certain benefits for specified period; requires employers to remit certain funds to DBPR; requires each stateagency head to ensure certain services are performed by state contractors within state. Effective Date: 240 days afterbecoming a law3/4/2019 HOUSE Now in Workforce Development & Tourism Subcommittee

SB 1150 Wildlife Protection Pizzo

Wildlife Protection; Prohibiting the import, sale, purchase, and distribution of ivory articles and rhinoceros horns;providing that it is unlawful to take, possess, injure, shoot, collect, or sell Florida black bears; providing that the illegaltaking, possession, injuring, shooting, collecting, or selling of Florida black bears is a Level Four violation, which issubject to criminal and civil penalties, etc. Effective Date: 7/1/20192/28/2019 SENATE Referred to Environment and Natural Resources; Criminal Justice; Rules

HB 1199 Water Resources Jacobs

Water Resources: Revises requirements for Office of Economic & Demographic Research's annual assessment of thisstate's water resources & conservation lands; requires office to consult with DEP; requires assessment to be submittedto Legislature by specified date. Effective Date: July 1, 20193/8/2019 HOUSE Now in Agriculture & Natural Resources Subcommittee

HB 1221 Anchored Vessels Polsky

Anchored Vessels: Directs FWCC to conduct study of impacts of longterm stored vessels on local communities & state& to submit report to Governor & Legislature; revises distribution of vessel registration fees to provide grants for derelictvessel removal; authorizes commission to use certain funds to remove, or pay private contractors to remove, derelictvessels; prohibits residing or dwelling on certain derelict vessels until certain conditions are met. Effective Date: July 1,20193/8/2019 HOUSE Now in Agriculture & Natural Resources Subcommittee

HB 1237 Towing and Immobilizing of Vehicles and Vessels McClain

Towing and Immobilizing of Vehicles and Vessels: Authorizes local governments to enact rates to tow or immobilizevessels on private property & to remove & store vessels; prohibits local governments from enacting ordinances thatimpose charges on authorized wrecker operators or towing businesses; prohibits local governments from imposingcharges on specified entities; authorizes certain persons to place liens on vehicles or vessels; requires persons whoimmobilize vehicles to be licensed; provides procedures for licensing; specifying prohibited activities and insurancecoverages. Effective Date: July 1, 20193/8/2019 HOUSE Now in Local, Federal & Veterans Affairs Subcommittee

HB 1269 Vehicle and Vessel Registration Data FernandezBarquin

Vehicle and Vessel Registration Data: Requires DHSMV to provide tax collectors & their agents with realtime access tocertain vehicle & vessel registration data in same manner as provided to other third parties. Effective Date: July 1, 20193/8/2019 HOUSE Now in Transportation & Infrastructure Subcommittee

HB 1273 Legislative Preemption GoffMarcil

Legislative Preemption: Proposes s. 22 of Art. III of State Constitution to require supermajority of each house to approvegeneral law preempting subject of legislation to state. Effective Date: Not Specified3/8/2019 HOUSE Now in Local, Federal & Veterans Affairs Subcommittee

HB 1279 Prohibited Discrimination Fernández

Prohibited Discrimination: Defines terms "gender identity" & "sexual orientation"; revises functions of Florida Commissionon Human Relations; revises provisions regarding remedies for unlawful discrimination to include discrimination basedon sexual orientation & gender identity in area of employment; adds sexual orientation & gender identity as

impermissible grounds for discrimination with respect to specified unlawful employment practices; provides exception tospecified provisions for constitutionally protected free exercise of religion. Effective Date: July 1, 20193/8/2019 HOUSE Now in Civil Justice Subcommittee

HB 1285 Heat Illness Prevention Smith (C)

Heat Illness Prevention: Requires certain employers to provide drinking water, shade, & annual training to certainemployees & supervisors; requires DACS to adopt rules. Effective Date: October 1, 20193/8/2019 HOUSE Now in Workforce Development & Tourism Subcommittee

HB 1291 State Renewable Energy Goals Eskamani

State Renewable Energy Goals: Directs Office of Energy within DACS to develop unified statewide plan to generatestate's energy from renewable sources by specified dates; requires state & public entities to cooperate as requested;provides plan requirements; requires office to submit plan & updates to Governor & Legislature. Effective Date: July 1,20193/8/2019 HOUSE Now in Energy & Utilities Subcommittee

HB 1319 Vessels Diamond

Vessels: Requires vessel operators to reduce speed in specified hazardous situations; revises criteria for atrisk vesseldeterminations; requires that such vessels be moved after certain notice; provides penalties for failure to presentcertificate of title showing proper transfer of vessel ownership; revises civil penalties relating to certain atrisk vessels &prohibited anchoring or mooring; provides civil penalties for vessels creating special hazards. Effective Date: July 1,20193/8/2019 HOUSE Now in Agriculture & Natural Resources Subcommittee

SB 1352 Minimum Wage Rodriguez (J)

Minimum Wage; Revising the formula for the adjusted state minimum wage; reducing over time the amount of tip creditan employer may claim; prohibiting an employer from claiming a tip credit beginning on a specified date, etc. EffectiveDate: 7/1/20193/4/2019 SENATE Referred to Commerce and Tourism; Innovation, Industry, and Technology; Rules

SB 1404 Fuel Taxes Mayfield

Fuel Taxes; Requiring a specified percentage of certain state motor and diesel fuel taxes to be transferred to the FloridaForever Trust Fund; authorizing county and municipal governments to use certain local option motor and diesel fueltaxes to build, operate, and maintain stormwater systems, etc. Effective Date: 7/1/20192/26/2019 SENATE Withdrawn prior to introduction

SB 1474 Workforce Retention Torres, Jr.

Workforce Retention; Citing this act as the "Florida Jobs Retention Act of 2019"; requiring certain employers that intendto relocate out of state or cease operation to notify the Department of Business and Professional Regulation within aspecified period; requiring the department to compile a semiannual list of employers that relocate out of state or ceaseoperation; providing that such employers are ineligible for state grants, loans, or tax benefits for a specified period, etc.Effective Date: 240 days after becoming a law3/8/2019 SENATE Referred to Commerce and Tourism; Judiciary; Appropriations

SB 1482 Department of Highway Safety and Motor Vehicles Stargel

The Department Of Highway Safety And Motor Vehicles; Authorizing the Department of Highway Safety and MotorVehicles or its authorized agents to collect electronic mail addresses and use electronic mail for certain purposes; limitingthe applications the department may accept by electronic or telephonic means; authorizing the department, instead ofthe Fish and Wildlife Conservation Commission, to accept certain applications by electronic or telephonic means, etc.Effective Date: 7/1/20193/8/2019 SENATE Referred to Infrastructure and Security; Appropriations Subcommittee on Transportation,

Tourism, and Economic Development; Appropriations SB 1502 Department of Environmental Protection Bradley

Department of Environmental Protection; Transferring and reassigning functions and responsibilities of the Division ofLaw Enforcement relating to investigators of environmental crimes within the Fish and Wildlife Conservation Commissionto the Division of Law Enforcement of the Department of Environmental Protection; providing requirements for amemorandum of agreement between the department and the commission regarding the responsibilities of thedepartment and the commission; establishing the Division of Law Enforcement within the department, etc. Effective Date:7/1/20193/8/2019 SENATE Referred to Environment and Natural Resources; Appropriations Subcommittee on Agriculture,

Environment, and General Government; Appropriations SB 1530 Vessels Rouson

Vessels; Requiring vessel operators to reduce speed in specified hazardous situations; revising criteria for determiningthat a vessel is at risk of becoming derelict; providing criminal penalties for failure to present a certificate of title showingproper transfer of vessel ownership; revising civil penalties relating to certain atrisk vessels and prohibited anchoring ormooring, etc. Effective Date: 7/1/20193/8/2019 SENATE Referred to Environment and Natural Resources; Criminal Justice; Rules

SB 1538 Heat Illness Prevention Torres, Jr.Heat Illness Prevention; Providing applicability; providing definitions; providing responsibilities of certain employers andemployees; requiring the Department of Agriculture and Consumer Services to adopt rules, etc. Effective Date:10/1/20193/8/2019 SENATE Referred to Health Policy; Governmental Oversight and Accountability; Rules

SB 1552 Florida Red Tide Mitigation and Technology Development Initiative Gruters

Florida Red Tide Mitigation and Technology Development Initiative; Establishing the Florida Red Tide Mitigation andTechnology Development Initiative; requiring the initiative to submit an annual 8 report by a specified date to theGovernor, the Legislature, the Secretary of Environmental Protection, and the executive director of the Fish and WildlifeConservation Commission; establishing the Initiative Technology Advisory Council, etc. APPROPRIATION: IndeterminateEffective Date: 7/1/20193/8/2019 SENATE Referred to Environment and Natural Resources; Appropriations Subcommittee on Agriculture,

Environment, and General Government; Appropriations SB 1554 Regulation of Oil and Gas Resources Rodriguez (J)

Regulation of Oil and Gas Resources; Prohibiting the Division of Resource Management within the Department ofEnvironmental Protection from granting permits for a gas or oil well within the Everglades Protection Area; prohibiting thedepartment from issuing a permit for a structure intended for the drilling for, or production of, oil, gas, or other petroleumproducts within the Everglades Protection Area, etc. Effective Date: Upon becoming a law3/8/2019 SENATE Referred to Environment and Natural Resources; Appropriations Subcommittee on Agriculture,

Environment, and General Government; Appropriations SB 1564 Petroleum Cleanup Albritton

Petroleum Cleanup; Revising requirements for a limited contamination assessment report in which a property owner,operator, or person otherwise responsible for site rehabilitation must provide to the Department of EnvironmentalProtection for the Petroleum Cleanup Participation Program; revising the contents of an advanced cleanup application toinclude a specified property owner or responsible party agreement, etc. Effective Date: 7/1/20193/8/2019 SENATE Referred to Environment and Natural Resources; Appropriations Subcommittee on Agriculture,

Environment, and General Government; Appropriations SB 1580 Workplace Sexual Harassment Book

Workplace Sexual Harassment; Requiring the Florida Commission on Human Relations to create and publish a modelsexual harassment prevention guidance document and sexual harassment prevention policy; requiring employers toadopt the model policy or one that equals or exceeds it; requiring the commission to produce a model sexual harassmentprevention training program, etc. Effective Date: 1/1/20203/8/2019 SENATE Referred to Commerce and Tourism; Appropriations Subcommittee on Agriculture,

Environment, and General Government; Appropriations SB 1614 Lakes and Lagoons Baxley

Lakes and Lagoons; Excluding manmade lakes and lagoons over a certain size from the definitions of the terms “publicswimming pool” and “swimming pool,” respectively, for certain purposes, etc. Effective Date: 7/1/20193/8/2019 SENATE Referred to Health Policy; Rules

SB 1666 Anchoring and Mooring of Vessels Outside of Public Mooring Fields Flores

Anchoring and Mooring of Vessels Outside of Public Mooring Fields; Defining the terms “store” and “stored”; prohibitingthe owner, operator, or person in charge of a vessel from anchoring or mooring outside of public mooring fields for longerthan a specified period of time; requiring the relocation or removal from the water of vessels anchored or moored inviolation of the prohibition; providing that such a violation is noncriminal and is punishable by a fine, etc. Effective Date:7/1/20193/8/2019 SENATE Referred to Environment and Natural Resources; Community Affairs; Rules

SB 1674 Registration Data Diaz

Registration Data; Requiring that the Department of Highway Safety and Motor Vehicles provide tax collectors and theiragents with realtime access to data that other third parties receive from the department related to registration ofvehicles, mobile homes, and vessels, etc. Effective Date: 7/1/20193/8/2019 SENATE Referred to Infrastructure and Security; Appropriations Subcommittee on Transportation,

Tourism, and Economic Development; Appropriations SB 1698 Legislative Preemption Berman

Legislative Preemption; Proposing amendments to the State Constitution to require a supermajority vote of each houseof the Legislature to enact a general law preempting a subject of legislation to the state, etc.3/8/2019 SENATE Referred to Community Affairs; Judiciary; Rules

SB 1758 Water Quality Improvements Mayfield

Water Quality Improvements; Citing this act as the “Clean Waterways Act”; transferring the onsite sewage program of theDepartment of Health to the Department of Environmental Protection by a type two transfer; establishing a wastewatergrant program within the Department of Environmental Protection; revising requirements for a basin management actionplan; requiring a wastewater treatment plant to notify customers of unlawful discharges of raw or partially treated sewage

into any waterway or aquifer within a specified timeframe, etc. Effective Date: Except as otherwise expressly provided inthis act, this act shall take effect July 1, 20193/8/2019 SENATE Referred to Environment and Natural Resources; Appropriations Subcommittee on Agriculture,

Environment, and General Government; Appropriations SB 1762 State Renewable Energy Goals Rodriguez (J)

State Renewable Energy Goals; Directing the Office of Energy within the Department of Agriculture and ConsumerServices, in consultation with other state agencies, state colleges and universities, public utilities, and other private andpublic entities, to develop a unified statewide plan to generate the state’s energy from renewable sources by specifieddates, etc. Effective Date: 7/1/20193/8/2019 SENATE Referred to Innovation, Industry, and Technology; Governmental Oversight and Accountability;

Rules SB 1792 Towing and Immobilizing of Vehicles and Vessels Gruters

Towing and Immobilizing of Vehicles and Vessels; Specifying that local governments may enact rates to tow orimmobilize vessels on private property and to remove and store vessels under specified circumstances; prohibitingcounties and municipalities, respectively, from enacting certain ordinances or rules that impose fees or charges onauthorized wrecker operators, towing businesses, or vehicle immobilization services; authorizing certain persons to placeliens on vehicles or vessels to recover specified fees or charges; authorizing vehicle immobilization devices to be usedon trespassing motor vehicles, etc. Effective Date: 7/1/20193/8/2019 SENATE Referred to Community Affairs; Infrastructure and Security; Rules

HB 3191 Florida Gulf Coast University Red Tide Initiative Rommel

Florida Gulf Coast University Red Tide Initiative: Provides an appropriation for the Florida Gulf Coast University RedTide Initiative. Effective Date: July 1, 20192/13/2019 HOUSE Now in Higher Education Appropriations Subcommittee

SB 7022 Fish and Wildlife Conservation Commission Citizen Support Organizations Environment andNatural Resources

Fish and Wildlife Conservation Commission Citizen Support Organizations; Abrogating the scheduled repeal ofprovisions governing citizen support organizations established under the Fish and Wildlife Conservation Commission;authorizing a court to order persons convicted of certain violations to pay an additional assessment; authorizing aspecified citizen support organization to post certain rewards, etc. Effective Date: 7/1/20193/7/2019 SENATE Now in Appropriations

SB 7024 Department of Environmental Protection Citizen Support Organizations Environment andNatural Resources

Department of Environmental Protection Citizen Support Organizations; Requiring that contracts between thedepartment and a citizen support organization include a specified provision; abrogating the scheduled repeal ofprovisions governing citizen support organizations established under the department, etc. Effective Date: 7/1/20193/7/2019 SENATE Now in Appropriations

HB 7029 FrackingAgriculture & NaturalResourcesSubcommittee

Fracking: Prohibits fracking; provides applicability of permits to drill & operate wells; requires well operators to providewritten notice to DEP before performing specified activities. Effective Date: upon becoming a law2/18/2019 HOUSE Now in Agriculture & Natural Resources Appropriations Subcommittee

SB 7064 Fracking Agriculture

Fracking; Defining the term “fracking”; prohibiting fracking in this state; providing that permits for drilling or operating awell do not authorize fracking, etc. Effective Date: 7/1/20193/6/2019 SENATE On Committee agenda Agriculture, 03/11/19, 1:30 pm, 301 S

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week 1 report...subcommittee on transportation, tourism, and economic development; appropriations...

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